AG2004/3217, Transcript of Proceedings [2004] AIRCTrans 2158 (9 June 2004)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 7299

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2004/3217

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Mark IV Automotive Pty Ltd and
Another for certification of the Mark IV
Automotive Pty Ltd Certified Agreement
2003-2005

MELBOURNE

2.12 PM, MONDAY, 31 MAY 2004

PN1

MS N. VAN DER HOEK: I seek leave to appear on behalf of Mark IV Automotive Pty Limited.

PN2

MS S. SCHLESINGER: I appear for the Australian Manufacturing Workers Union, Vehicle Division. No objection to leave.

PN3

THE SENIOR DEPUTY PRESIDENT: Ms Van Der Hoek, leave is granted.

PN4

MS VAN DER HOEK: Thank you. We have an application for certification of the Mark IV Automotive Pty Ltd Certified Agreement 2003-2005 pursuant to section 170LJ of the Act. The union party is the Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union. Statutory declarations in this matter have been made by both the company and a representative from the AMWU. Employees who will be covered by the agreement are those covered by the Metal, Engineering and Associated Industries Award. It is submitted that the agreement passes the no disadvantage test.

PN5

It is also submitted that the agreement meets the requirements under the Workplace Relations Act relating to the process of making the agreement, including the valid - a valid majority of employees approved the making of the agreement and employees received adequate notice of the intention to make the agreement and employees receiving access to the agreement. In relation to the requirement that the agreement contain a dispute settlement procedure it is noted that such a procedure is contained in clause 15 of the agreement and incorporated the procedure in the Metals Industry Award. The nominal expiry date of the agreement is 30 September 2005.

PN6

Having regard to the above it is our submission that the agreement meets the requirements of the Act and we ask that the agreement be certified by the Commission. If the Commission pleases.

PN7

THE SENIOR DEPUTY PRESIDENT: Ms Van De Hoek, there is a potential ambiguity in the parties bound clause. The potential ambiguity is this, that the parties to the agreement are Mark IV and also all employees. I assume it is meant to be all employees who are employed to perform activities covered by the Metal, Engineering and Associated Industries Award 1998 and another party to the agreement is the AMWU Vehicle Division - Victorian Branch. It may be interpreted to read, "All employees who are employed to perform activities, which activities are covered by the award and the union." I assume that is not what you mean. There are three parties.

PN8

MS VAN DER HOEK: I agree that the parties need to be Mark IV Automotive, and there probably needs to be a part (c), a dot point (c) which would be the AMWU Vehicle Division, Victorian Branch.

[2.05pm]

PN9

THE SENIOR DEPUTY PRESIDENT: Yes. Or, alternatively, (b) should be read as covering two parties, the employees doing activities covered by the award, and the other party being the AMWU. You will have to say yes or no; you can't nod.

PN10

MS VAN DER HOEK: Yes.

PN11

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN12

MS SCHLESINGER: Yes, your Honour, the AMWU Vehicle Division supports the submissions that have been made for the employer today. We rely also on the statutory declaration prepared by Gail Tierney, Regional Secretary of the AMWU Vehicle Division, Victorian Branch. In terms of the question raised by the Commission as to parties bound, we believe that in the current clause before you (4)(b) that there are, in fact, two parties there, that being the employees of Mark IV, who are covered by - who are employed to perform activities covered by the Metal, Engineering Associated Industries Award 1998, and the other party is the AMWU Vehicle Division, Victorian Branch, and we would ask that the agreement be certified in the terms sought.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you. Well, having regard to material contained in the file in this matter and submissions put to me, I am satisfied I should certify the agreement known as the Mark IV Automotive Proprietary Limited Certified Agreement 2003-2005. I am satisfied to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date, and remain in force until 30 September 2005.

ADJOURNED INDEFINITELY [2.15pm]