AG2003/10526, Transcript of Proceedings [2004] AIRCTrans 234 (9 January 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 5818

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2003/10526

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of
the Act by Australian Nursing
Federation - Victorian Branch and
Others for certification of the
Johnson-Goodwin Memorial Homes and
the Australian Nursing Federation and
Health Services Union of Australia
Certified Agreement 2002-2005

MELBOURNE

2.24 PM, MONDAY, 22 DECEMBER 2003

PN1

MR P. GILBERT: I appear for the Australian Nursing Federation.

PN2

MR S. HUDSON: I appear for the HSU.

PN3

MS S. COOK: I seek leave to appear for Johnson-Goodwin Memorial Homes in this matter.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Cook. Leave is granted. Yes, Mr Gilbert?

PN5

MR GILBERT: Yes, your Honour. This is a second application in relation to the same agreement. The earlier application was rejected by your Honour as it was made under a section of the Act that didn't allow, from memory, an agreement in relation to part of a single business.

PN6

THE SENIOR DEPUTY PRESIDENT: That is correct, yes.

PN7

MR GILBERT: So the application has been re-made and a further ballot held, and the statutory declarations hopefully will reflect that. So the application is now made, as I understand it under the relevant section and in a form that should be certified by the Commission. The application was made in time, and we therefore, unless the Commission has got any questions, rely on the documentation lodged in the Commission's file.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes. The only matter to which I draw the parties' attention is the dispute settling clause, where provision is made for union representation of employees. I take it that the parties are prepared to allow representation by non-union employees if a person so desires.

PN9

MR GILBERT: A question best asked of the employer, but certainly we would have no - as we have given those commitments in the past - - -

PN10

THE SENIOR DEPUTY PRESIDENT: Yes.

PN11

MR GILBERT: - - - we would give them again.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Hudson?

PN13

MR HUDSON: The same, Commissioner.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes?

PN15

MS COOK: We have no objection.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Very well. Having received those undertakings I am satisfied, as I was with the other matters, that all of the statutory requirements have been met. The agreement will be certified to operate from today's date. I think that concludes our business for today. I don't think I have any more of these matters listed before Christmas, so my compliments of the season to you all.

ADJOURNED INDEFINITELY [2.26pm]