AG2004/3506, Transcript of Proceedings [2004] AIRCTrans 2316 (22 June 2004)

AUSCRIPT PTY LTD
(Administrator Appointed)
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 7437

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2004/3506

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LJ of the Act
by The Royal Society for the Prevention of
Cruelty of Animals (Victoria) Incorporated
and Others for certification of the Royal
Society for the Prevention of Cruelty to
Animals Victoria Inc Enterprise Agreement
2004

MELBOURNE

11.17 AM, THURSDAY, 10 JUNE 2004

PN1

MR G. MAAS: I appear for the National Union of Workers.

PN2

MS V. ILIAS: I appear for the LHMU.

PN3

MS S. SANCHEZ: I appear for the Australian Services Union.

PN4

THE COMMISSIONER: Thank you. There are no appearances for the RSPCA but the RSPCA have indicated they support the certification of the agreement. Yes, Mr Sanchez.

PN5

MR MAAS: Mr Maas, Commissioner.

PN6

THE COMMISSIONER: I am sorry, Mr - - -

PN7

MR MAAS: Commissioner, this is an application by the union under Division 2 Part VIB and pursuant to section 170LJ of the Workplace Relations Act for certification of the agreement known as The Royal Society for the Prevention of Cruelty to Animals Victoria Incorporated Enterprise Agreement 2004. At the time of filing the application, Commissioner, the union filed a statutory declaration, which was made by Mark Mckellar, the Victorian Branch Secretary of the NUW, and that was signed on 20 May, and that should appear on the Commission's files.

PN8

Commissioner, in essence it is our submission that that statutory declaration outlines the processes undertaking and seeking and reaching approval of the agreement. We do however - we further submit that the agreement passes the no disadvantage test, that the agreement was made in accordance with section 170LJ, and that a valid majority of employees genuinely approved the agreement, that the terms of the agreement were explained appropriately, that the agreement includes provision for the prevention and settling of disputes, and the agreement specifies a nominal expiry date which is not more than three years after the date which the agreement will come into operation. And that, Commissioner, forms the basis of our submission and subject to any questions you may have that concludes our submission.

PN9

THE COMMISSIONER: Yes, thanks, Mr Maas. Ms Ilias, have you anything to add?

PN10

MS ILIAS: Yes, thank you, Commissioner. We support the submissions made by the NUW and also to make point that statutory declarations have been filed by the then acting secretary of the LHMU, Ms Jane Farrell, which sets out the requirements of the Act and we seek certification from today's date, Commissioner.

PN11

THE COMMISSIONER: Yes, thanks, Ms Ilias. Ms Sanchez.

PN12

MS SANCHEZ: Yes, the ASU agree with the NUW and the LHMU that this agreement be certified.

PN13

THE COMMISSIONER: Yes, thank you. Well, the Commission agrees that the necessary documentation has been filed and the rules of the Commission and the requirements of the Act have been met. Accordingly the enterprise agreement to be known as The Royal Society for the Prevention of Cruelty to Animals (Victoria) Inc Enterprise Agreement 2004 is pursuant to section 170LT of the Workplace Relations Act 1996 certified.

PN14

The agreement comes into force from today's date, 10 June 2004, and remains in force until 4 March 2006. The matter is adjourned, thanks ladies and gentlemen. Thank you.

ADJOURNED INDEFINITELY [11.21am]