AG2003/10102, Transcript of Proceedings [2004] AIRCTrans 228 (9 January 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 10747

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2003/10102

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Carlton Chemicals Pty Limited and Others
for certification of Carlton Chemicals Pty
Ltd Enterprise Agreement 2003

MELBOURNE

9.59 AM, MONDAY, 22 DECEMBER 2003

PN1

MR R. MARASCO: I am from the Australian Industry Group acting on behalf of our member company, Carlton Chemicals, and with me is one of the managers from the site, MR C. MAHER.

PN2

MR T. LYONS: I am from the National Union of Workers.

PN3

MS V. ILIAS: I appear on behalf of the LHMU.

PN4

THE COMMISSIONER: Thank you. Now, before we get into the guts of this matter, there is some problems as to separate and differing declarations being filed with the Commission. We will just go off the record for a moment.

OFF THE RECORD

PN5

THE COMMISSIONER: Yes, Mr Marasco.

PN6

MR MARASCO: If the Commission pleases, this is an application for certification of an agreement made under division 2 of part VIB; it is a section 170LJ agreement. The terms of the agreement were reached between the company and the NUW and the LHMU on behalf of employees covered by the Adhesives Industry and Gelatine Award 2001. Commissioner, we rely on the statutory declarations that have been lodged on behalf of the company and the unions to submit that the requirements of the Act and the regulations have been met, and we do seek that the agreement is certified in the terms sought.

PN7

There is one issue, however, Commissioner. You will note that a valid majority of employees employed at the time genuinely approved the agreement on December 11, 2003. However, the agreement wasn't lodged with the Commission until 3 December 2003 so it is slightly out of time. I am instructed, however, that there hasn't been a significant change in the composition of the workforce; and with me is Mr Maher from the company to verify that, and also Ms Wendt, one of the shop stewards. And unless you have any questions for me, Commissioner, that would conclude my submission. If the Commission pleases.

PN8

THE COMMISSIONER: Yes, thank you. Mr Lyons.

PN9

MR LYONS: If the Commission pleases, we endorse the submissions and rely on the declaration of Mr Donnelly that should appear on the file of the Commission. I can confirm, sir, that I have instructions from our organiser in respect of the composition of the workforce which are the same as my friend's.

PN10

THE COMMISSIONER: Yes, thank you.

PN11

MR LYONS: Unless you have any questions, sir. If the Commission pleases.

PN12

THE COMMISSIONER: No, thanks. Ms Ilias.

PN13

MS ILIAS: Yes, Commissioner, I would rely upon the statutory declarations that have been filed by Mr Brian Daily, the Victorian Branch Secretary of the LHMU, and also to support the submissions that have been made in relation to the extension of time matter. If it pleases the Commission.

PN14

THE COMMISSIONER: Thank you. Well, the Commission has no questions and the Commission extends the time of lodging. This is an application pursuant to section 170LJ of an agreement between Carlton Chemicals Pty Limited, the Liquor, Hospitality and Miscellaneous Workers Union and the National Union of Workers. The Commission is satisfied that, firstly, the rules of the Commission and the requirements of the Act have been met; thirdly, the agreement meets the no disadvantage test. Accordingly, the Commission certifies the agreement from today's date and the Commission is adjourned.

ADJOURNED INDEFINITELY [10.04am]