AG2004/3236, Transcript of Proceedings [2004] AIRCTrans 2245 (17 June 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 7355

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2004/3236

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by The Knox School Limited for certification
of The Knox School Limited Certified Agreement
2004

MELBOURNE

10.23 AM, FRIDAY, 4 JUNE 2004

PN1

MS E. RADLEY: I seek leave to appear on behalf of The Knox School. With me today I have MS S. McCHESNEY, the Principal of the School, and MR C. BLEU, Manager of Finance and Administration. I also would note that MR M. CORRIE, a representative of the employees is present today as well.

PN2

MR D. BREAR: I appear on behalf of the Independent Education Union of Australia, seeking to be bound to the agreement.

PN3

THE DEPUTY PRESIDENT: Yes, go ahead, Ms Radley.

PN4

MS RADLEY: Thank you, your Honour. This application is made under division 2 of Part VIB of the Workplace Relations Act. It relates to an agreement made between the employer, The Knox School Limited, and its employees directly. This agreement is intended to apply to the school's academic, administrative and maintenance staff. The application for certification was filed on 17 May 2004. Your Honour, evidence of the matters of which the Commission needs to be satisfied in order to certify this agreement are contained in the two statutory declarations filed in support of the application. However, I will just take you through those aspects briefly if that would assist.

PN5

THE DEPUTY PRESIDENT: Yes.

PN6

MS RADLEY: The agreement was reached by The Knox School and a valid majority of the employees whose employment will be subject to the agreement. The parties negotiated extensively in regard to the terms of the agreement from August 2003 through to early 2004. Three employee representatives were elected to negotiate on behalf of the employees to be covered and of these, Mr Corrie, who is present today, was nominated as the representative to sign the agreement on behalf of the employees. Your Honour, the school took steps to ensure that every person employed at the time whose employment will be subject to the agreement had at least 14 days notice in writing of its intention to make the agreement.

PN7

In fact I note from the statutory declarations that the written notice was given on 26 March 2004 and the agreement was made on 27 April, so well in excess of the required 14 days. At the time the written notice was given the school distributed a copy of the proposed agreement to each employee. In accordance with the Act the written notice stated that any employee could request a representative of a union entitled to represent the employee's interests to represent that employee in meeting and conferring with the school. It is my understanding that the school did not receive any notification that an employee wished to be so represented.

PN8

The school took all reasonable steps to ensure that the terms of the agreement were explained to the employees and it encouraged employees to raise any questions that they had. Throughout the period from 26 March to 27 April a number of employees did raise questions and the school responded to those issues appropriately. Your Honour, the employees voted in favour of the agreement by a postal ballot. Ballot papers were distributed to employees on 20 April and the voting process closed at 5 pm on 27 April 2004.

PN9

Your Honour, we submit that the agreement meets the no disadvantage test when compared to the Victorian Independent Schools Teachers' Award of 1996 and the Victorian Independent Schools School Assistants' Award. In addition, your Honour, I note that an application under section 170XF was filed at the same time as the application for certification. The XF application nominates two further awards for designation, namely the Sports Ground Maintenance and Venue Presentation Victoria Award and the School Services Officers, State Government Schools Victoria Award. It is submitted that the agreement satisfies the no disadvantage test in relation to all four of these awards, your Honour, and that its certification would not result, on balance, in a reduction of the overall terms and conditions of employees.

PN10

Just finally, your Honour, the agreement includes procedures for preventing and settling industrial disputes about matters arising under the agreement. These appear at clause 7. The agreement specifies a nominal expiry date of 31 January 2007. The agreement is not inconsistent with the provisions of Part VIB and does not contain objectionable provisions as defined in the Act. The agreement does not contain provisions which would operate in a discriminatory way against any employee. On this basis, your Honour, and relying on the further material contained in the statutory declarations, the school asks that the Commission certify the agreement.

PN11

THE DEPUTY PRESIDENT: Thanks, Ms Radley.

PN12

MS RADLEY: Thank you, your Honour.

PN13

THE DEPUTY PRESIDENT: Ms Radley, I have got some - well it is probably not a query, it is more some confusion in comparing some of the rates in the agreement to those contained particularly in the latter two awards that you mentioned as far as administrative and maintenance personnel are concerned. I wonder if it might be appropriate if we go off the record and really I just want to take you to the schedule in the agreement covering the administration and maintenance personnel such that you can show me how that equates with the relevant classifications in the award. I note the agreement allows for a classification structure of a considerable number more steps than that which is provided for by the relevant awards. So I might just go off the record briefly, thank you.

OFF THE RECORD

PN14

THE DEPUTY PRESIDENT: Yes, thank you. I might just deal with the XF application first of all. Pursuant to section 170XF(2) of the Act, I determine that the Sports Ground Maintenance and Venue Presentation Victoria Award 2001 and the School Services Officers State Government Schools Victoria Award 2000 are relevant awards for the purposes of the no disadvantage test. Yes, Mr Brear.

PN15

MR BREAR: Your Honour, if the Commission pleases I seek to tender the following documents. A statement from the General Secretary attesting that the membership record is a true and correct record, the union membership list for the school, pursuant to the Act, a letter from a member requesting that the union be bound to these agreements or this agreement. I believe that we have met the requirements of the Workplace Relations Act and I ask the Commission to issue an order that the union be bound.

EXHIBIT #IEU1 STATEMENT FROM THE GENERAL SECRETARY ATTESTING THAT THE MEMBERSHIP RECORD IS A TRUE AND CORRECT RECORD, UNION MEMBERSHIP LIST FOR THE SCHOOL, LETTER FROM A MEMBER REQUESTING THAT THE UNION BE BOUND TO THIS AGREEMENT

PN16

THE DEPUTY PRESIDENT: Thanks, Mr Brear. Yes, on the basis of the documentation that has been provided to me and on the basis of the submissions of Ms Radley and having had explained to me the comparison of rates between the relevant awards and those provided for in the agreement, I can indicate that The Knox School Limited Certified Agreement 2004 will be certified with effect from today's date. I am satisfied that the agreement complies in all relevant respects with the requirements of the Act.

PN17

The agreement will expire on 31 January 2007. Pursuant to section 170M(3) of the Act, having been satisfied that the prerequisites have been met, I determine by order that The Knox School Limited Certified Agreement 2004 is binding upon the Independent Education Union of Australia. There being nothing else, the matter is adjourned, thank you.

ADJOURNED INDEFINITELY [10.35am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #IEU1 STATEMENT FROM THE GENERAL SECRETARY ATTESTING THAT THE MEMBERSHIP RECORD IS A TRUE AND CORRECT RECORD, UNION MEMBERSHIP LIST FOR THE SCHOOL, LETTER FROM A MEMBER REQUESTING THAT THE UNION BE BOUND TO THIS AGREEMENT PN16