AG2004/3238, Transcript of Proceedings [2004] AIRCTrans 2243 (17 June 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 7357

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2004/3238

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by the National Union of Workers - Victorian
Branch and Another for certification of the
Merchants Supply Company Pty Ltd and National
Union of Workers Certified Agreement 2003

MELBOURNE

11.04 AM, FRIDAY, 4 JUNE 2004

PN1

MR T. LYONS: I appear for the applicant, National Union of Workers.

PN2

THE DEPUTY PRESIDENT: Yes, go ahead, Mr Lyons.

PN3

MR LYONS: Thank you, your Honour. In relation to this matter, the union and the employer seek certification of an agreement in the terms filed. We rely on the declaration of Mr Pacula, the Secretary of the Union, which should appear on the file of the Commission. I note, your Honour, no appearance is entered for the employer by there should appear on the file of the Commission a declaration of Mr Chivers of the employer - - -

PN4

THE DEPUTY PRESIDENT: Yes.

PN5

MR LYONS: - - - who is a Director of the company. That declaration is in the same terms as that of Mr Pacula and supports the certification of the agreement. Your Honour, there is only one matter arising and that is that the agreement was lodged very substantially out of time or substantially out of time.

PN6

THE DEPUTY PRESIDENT: Too good to last, wasn't it, Mr Lyons?

PN7

MR LYONS: It was, your Honour, one out of two. Your Honour will have noted that the agreement covers only 16 employees. I have obtained instructions from the organiser who has confirmed that the composition of the workforce in the period between the valid majority being obtained and these proceedings has not significantly changed, and in the circumstances we ask that you exercise your discretion to allow the agreement to proceed notwithstanding that it is out of time. If the Commission pleases.

PN8

THE DEPUTY PRESIDENT: Yes, thanks, Mr Lyons. Yes, pursuant to section 111(1)(r) of the Act, I extend the time frame by the amount necessary to allow for the certification of this agreement. I am satisfied that the agreement and its associated documentation complies in all relevant respects with the requirements of the Act and the Merchants Supply Company Pty Ltd and National Union of Workers Certified Agreement 2003 will be certified with effect from today's date and will expire on 30 June 2005. The matter is adjourned.

ADJOURNED INDEFINITELY [11.08am]