AG2004/2919, Transcript of Proceedings [2004] AIRCTrans 2072 (3 June 2004)

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ADMINISTRATOR APPOINTED

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TRANSCRIPT OF PROCEEDINGS

O/N 1786

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DANGERFIELD

AG2004/2919

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Enerka Apex Belting Pty Limited and Another
for certification of the Apex Fenner Enterprise
Agreement 2004 (South Australia)

ADELAIDE

10.41 AM, MONDAY, 24 MAY 2004

PN1

MR D. MEDCALF: I appear for the company and appearing with me is MR A. MARKIEWICZ, MR M. FERGUSSON and the employer representative is MR M. DUNCAN.

PN2

THE COMMISSIONER: Mr Duncan and Mr Fergusson. Okay, thanks, Mr Medcalf. Yes.

PN3

MR MEDCALF: Commissioner, this is an application for the certification of Apex Fenner Enterprise Agreement 2004 (South Australia). The application is made under section 170LK of the Workplace Relations Act 1996. I can report, sir, that the required statutory declarations have been duly signed following numerous meetings between the parties. The agreement contains an avoidance and settlements of disputes procedure at clause 16, and a no extra claims provision at clause 17.

PN4

Commissioner, this agreement shall come into operation on the date of certification and shall remain in force for 2 years. Therefore, unless you have any questions I submit the agreement for your certification.

PN5

THE COMMISSIONER: Yes. The only wage rates we are looking at here, I think, is C10 and C13, is that right?

PN6

MR MEDCALF: Yes, that is correct, sir.

PN7

THE COMMISSIONER: Now, is that because they are the only categories of employee who are employed by the company?

PN8

MR MEDCALF: Yes, sir.

PN9

THE COMMISSIONER: So the agreement in effect covers everyone in the company?

PN10

MR MEDCALF: Yes.

PN11

THE COMMISSIONER: Right. Just looking through, yes, I think that is probably all I need to hear from the company. I will just ask Mr Duncan, do you have any issues that you wish to raise with the Commission before the matter is certified? You are representing the employees. How does it come about that you are representing the employees?

PN12

MR DUNCAN: I got elected. Through a process of election.

PN13

THE COMMISSIONER: Right.

PN14

MR DUNCAN: Actually, no, I don't have anything wrong with it. I think it is very good actually.

PN15

THE COMMISSIONER: Were there any major issues that were the subject of discussion during the course of the negotiations?

PN16

MR DUNCAN: No, generally, the consensus was to try to get a fair pay again and I think this is fair.

PN17

THE COMMISSIONER: Yes.

PN18

MR DUNCAN: So with regards to the kind of work we do.

PN19

THE COMMISSIONER: Sure. So I note that this is your first agreement I think, Mr Medcalf, isn't it?

PN20

MR MEDCALF: Yes, sir.

PN21

THE COMMISSIONER: Yes. Very well, I can indicate that the Commission has before it an application under division 2 of Part VIB of the Act for certification of an agreement pursuant to section 170LK. The application is supported by statutory declarations of Mark Duncan, the conveyor technician who was a duly elected employee representative employed by the company, and by Richard Smith, the state manager of Apex Fenner, the employer in this matter. Those declarations are in order.

PN22

I note that the Metal Engineering and Associated Industries Award 1998, Part I is the relevant award for the purposes of a no disadvantage test and having compared the provisions of the agreement with those of the award I am satisfied that the agreement passes that test. I note that the agreement at clause 16, I think it is, expressly incorporates the award procedures for preventing and settling disputes between the parties, an arrangement that satisfies section 170LT(8) of the Act in that respect. I'm also satisfied from perusing the stat decs that a valid majority of persons employed at the time genuinely approved the agreement and that the explanation of the terms of the agreement took place in ways that were appropriate, having regard to the particular circumstances and needs of the relevant employees.

PN23

Accordingly, the Commission certifies the Apex Fenner Enterprise Agreement 2004 (South Australia), with effect from today's date, the date of certification, the 24th day of May 2004, and in accordance with clause 5 the agreement will remain in force for a period of 2 years there from, being a duration that in accordance with section 170LT(10) of the Act is not more than 3 years after the date on which the agreement comes into operation. There will be some documentation confirming certification that will be forwarded to the parties over the next few days and unless there is anything further from anyone for the record, then I think that disposes of that matter.

ADJOURNED INDEFINITELY [10.46am]