AG2004/2784, Transcript of Proceedings [2004] AIRCTrans 2179 (11 June 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 11578

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LARKIN

AG2004/2784

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by CSR Limited and Another for certification
of the CSR Gyprock Fibre Cement - Gyprock Trade
Centres NSW No 2 Enterprise Agreement 2004

SYDNEY

12.06 PM, TUESDAY, 1 JUNE 2004

PN1

MR N. KEATS: Solicitor, I seek your leave to appear on behalf of the CSR and Rinker Salaried Staff Association.

PN2

MR D. McINNES: I appear for CSR Limited.

PN3

THE COMMISSIONER: I presume there is no - - -

PN4

MR McINNES: No objection.

PN5

THE COMMISSIONER: No. Leave granted, Mr Keats.

PN6

MR KEATS: Thank you, Commissioner. Commissioner, this is the associations application to have certified a 170LJ agreement. I rely upon the declaration of Mr Dennis Barnard declared 13 May 2004. You will see from the declaration it relates to part of the business being three separately geographic sites being located in Cameron Park, Seven Hill and Gosford West. It applies to 19 employees, 15 of which have validly approved the agreement.

PN7

It provides for an expiry date of 2 May 2005 in clause 4 of the agreement and I note there is inconsistencies between the agreement and the statutory declarations filed, but I rely upon the terms of the agreement itself that was signed off by the association and by the company and later if you see that the documentation as filed, and the way it was voted on, actually signed off by the various employees covered.

PN8

It relates to a constitutional corporation being CSR Limited, the association has at least one member that would be covered by the agreement. In my submission, it passes the no disadvantage test and there's matters in section 170LU that would cause the Commission difficulty in certifying the agreement. Lastly, it has a grievance clause, being clause 10 of the agreement. Unless there is anything further, that would be the association's submission and we ask that the agreement be certified on today's date.

PN9

THE COMMISSIONER: Mr Keats, you are seeking leave to amend the statutory declarations?

PN10

MR KEATS: I am, Commissioner.

PN11

THE COMMISSIONER: Thank you. Mr McInnes?

PN12

MR McINNES: In support of the application we rely on the statutory declaration of the Mr Steven Dransfield, the chief financial officer of the CSR Gyprock Fibre Cement business. In our submission, all the requirements for certification of the agreement under the Act have been met and there are no reasons why the Commission should refuse certification. Specifically, the agreement is between constitutional corporation and an organisation of employees which is entitled to represent the employees whose work is subject to the agreement. The organisation does have, at least, one member. The agreement has been approved by vote of employees.

PN13

The terms of the agreement and the consequences of registering the agreement were explained to employees. It is to be read in conjunction with the CSR Staff Consolidated Award and there are no terms which reduce the award provisions. As Mr Keats said, it contains the dispute settling procedure at clause 10 and it is to remain in force up until 2 May 2005. I confirm that there is an inconsistency there in the statutory declarations and also ask that they be amended. On the basis of the above we ask the Commission to certify the agreement. If the Commission pleases.

PN14

THE COMMISSIONER: Yes, thank you, Mr McInnes. The application before me this morning is for certification of an agreement made pursuant to section 170LJ of the Act. The agreement is to be known as the CSR Gyprock Fibre Cement - Gyprock trade Centres New South Wales, number 2, Enterprise Agreement 2004. On the basis of the material filed and also the submissions made this morning - or this afternoon actually now - by Mr Keats and Mr McInnes, I'm satisfied the statutory requirements of certification have been met. In regards to the agreement specifying a nominal expiry date, that nominal expiry date is 2 May 2005.

PN15

The agreement satisfies the requirements of the no disadvantage test in that it does not, on balance, result in a reduction in the overall terms and conditions of employment under the relevant award, or laws. The application is granted with effect from today's date and formal certification will follow in due course. Thank you for your submissions, gentlemen.

ADJOURNED INDEFINITELY [12.11pm]