AG2003/10316, Transcript of Proceedings [2004] AIRCTrans 229 (9 January 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 5802

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

AG2003/10316

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ
of the Act by RACV Sales and
Marketing Pty Limited and Another
for certification of the RACV
Customer Administration Certified
Agreement 2003

MELBOURNE

10.00 AM, MONDAY, 22 DECEMBER 2003

PN1

MS D. BRENNAN: I appear on behalf of RACV Sales and Marketing. With me I have MR P. BIANCHI. Also with me is MR M. GANNON.

PN2

MR B. BYRNE: I appear on behalf of the Finance Sector Union.

PN3

THE COMMISSIONER: Thanks. Yes, Ms Brennan.

PN4

MS BRENNAN: Thank you, Commissioner. Commissioner, application is made by RACV Sales and Marketing for the certification of the RACV Customer Admin Certified Agreement 2003. Commissioner, the parties to the certified agreement are RACV Sales and Marketing and the Finance Sector Union of Australia. Commissioner, during the negotiation process numerous feedback and briefing sessions were held with employees which resulted in the agreement being approved by the valid majority of employees on 21 November 2003.

PN5

THE COMMISSIONER: Did you make the 21 days?

PN6

MS BRENNAN: Yes, we did, Commissioner.

PN7

THE COMMISSIONER: By a day.

PN8

MS BRENNAN: Yes, exactly. It took us some time but we eventually got there.

PN9

THE COMMISSIONER: Yes.

PN10

MS BRENNAN: Commissioner, in our opinion the agreement does not seek to reduce any of the terms and conditions contained under the Insurance Industry Award 1998. The agreement contains a disputes settlement procedure at clause 22 and it has a nominal expiry date of three years after the date of certification. Commissioner, the parties have already submitted a stat dec to the Commission and based on the content of the stat dec and the submission of RACV today we would respectfully request that the agreement be certified, if the Commission pleases.

PN11

THE COMMISSIONER: Thanks, Ms Brennan. Mr Byrne.

PN12

MR BYRNE: Thank you, Commissioner. If it please the Commission the FSU supports the submission made by Ms Brennan on behalf of the RACV. The union is of the view that the very great benefit derived from this agreement is that it provides the employees, of the area to which this agreement applies, with certainty and uniformity of conditions. There are a number of clauses in the agreement which, in addition to providing benefits in respect of the employment relationship, also enshrine the positive and constructive industrial relations relationship that the parties have committed themselves to and, also, the union would also like to acknowledge the role of the consultative committee at this time.

PN13

The committee played a - were very receptive to the union's participation. They took on board many of our suggestions and observations during the negotiation process and we believe that these have been reflected in the final document before the Commission. On that basis - - -

PN14

THE COMMISSIONER: I will make the transcript available so that you can send it to them.

PN15

MR BYRNE: Thank you, Commissioner. On that basis therefore the FSU respectfully requests the Commission to certify the agreement, if it pleases the Commission.

PN16

THE COMMISSIONER: Thanks, Mr Byrne. This is an application for the certification of an agreement to be known as the RACV Customer Administration Certified Agreement 2003. Having heard Ms Brennan and Mr Byrne and having read the statutory declarations filed by Mr Bianchi, Customer Service Operation Manager for the RACV, and Mr Anthony Beck, the National Secretary of the Finance Sector Union I am satisfied that the agreement relates to matters pertaining to the relationship between an employer who is carrying on a single business and employees employed in part of a single business.

PN17

So I am also satisfied that the union has at least one member employed in a single business to which the agreement relates and is entitled to represent the industrial interests of the member. I am further satisfied that the agreement passes the no-disadvantage test and is made in accordance with section 170LJ and that a valid majority of persons employed at the time, whose employment will be subject to the agreement, have genuinely approved the agreement. It appears, from the statutory declarations, that there - and I am satisfied that there has been an explanation of the terms of the agreement and that the agreement includes procedures for preventing and settling industrial disputes between the employer and the employees whose employment will be the subject of the agreement.

PN18

Further, the agreement specifies a date as a nominal expiry date, which is not more than three years after the date on which this agreement shall come into operation. I am also satisfied that there are no reasons set out in section 170LU of the Act as to why I should refuse to certify the agreement. Accordingly, the agreement will be certified with effect from today and it shall operate in accordance with its terms. Thank you for your attendance and I will make the transcript - I will order the transcript so that the consultative committee can see the processes of certification. Thank you for your time and the compliments of the season. The matter is adjourned.

ADJOURNED INDEFINITELY [10.05am]