AG2004/3534, Transcript of Proceedings [2004] AIRCTrans 2363 (24 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 7468
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SIMMONDS

AG2004/3534

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Yarra-Melbourne Regional Library
Corporation and Another for certification
of the Yarra-Melbourne Regional Library
Corporation Enterprise Agreement (No 3)
2004

MELBOURNE

10.55 AM, TUESDAY, 15 JUNE 2004

PN1

MR S. WILSON: I appear on behalf of VECCI for the Yarra-Melbourne Regional Library.

PN2

MR I. GRATTAN: I appear on behalf of the ASU.

PN3

THE COMMISSIONER: Yes, thank you, Mr Grattan. Yes, Mr Wilson?

PN4

MR WILSON: Yes, thank you, Commissioner. Commissioner, this is an application to certify the Yarra-Melbourne Regional Library Corporation's enterprise agreement. To that end we would rely on the statutory declaration of Barbara Horne as the Chief Executive of the organisation. But in doing so I need to draw your attention, Commissioner, to 7.4 of the statutory declaration which does identify just one area of, well, disadvantage as such. And that is at clause 12.1.1 of the agreement which is on page 6.

PN5

And 12 is conditions of employment. 12.1 is the hours of work. And 12.1.1 sets out the actual spread of hours. And it differentiates between people who work 35 hours per week and people who work 38 hours per week. And similarly so does the award, Commissioner. The award for 35 hour week people - the spread of hours is effectively any time Monday to Friday and up to midday Saturday. However, for 38 hour week people it is your standard Monday to Friday six to six. Now you will see in, I think it is the second or third sentence there, it says:

PN6

Employees who are not rostered on weekend and evening duties will work 38 hours per week and these hours will be worked between 8.30 and 9.15 Monday to Friday.

PN7

So effectively that is a spread of hours of more than 12 hours. We say that the spread of hours can be any 12. So effectively the spread of hours would be 8.30 to 8.30 but in this case it goes to 9.15. So, Commissioner, if you take somebody on band 4A which would be, you know, in the middle range of library employment given it is white collar employment, under the award scenario and I have taken it as a 38 hour week, I think it is actually 37.25, but my arithmetic was not quite good enough to deal with that, Commissioner - so I have taken it as a 38 hour week.

PN8

So we say that there is an extra hour and a quarter out there of overtime that could well be payable from 8.30 to - sorry, 45 minutes, from 8.30 to 9.15. So we say, Commissioner, again just to make the arithmetic a bit easier, for 33 hours at the award rate of 4A which is currently 15.86 and five hours of time and a half which that extra 45 minutes would attract and I have called it five hours rather than 45 minutes times five - the total rate for somebody under the award would be $642.44, including that time and a half provision.

PN9

Excuse my voice, Commissioner. Whereas currently under the enterprise agreement the rate of pay for band 4A is $656.96. So still they are better off by some $14 of $15. Commissioner, there are a number of other areas of advantage in the agreement which I do not need to take you to given that scenario.

PN10

THE COMMISSIONER: Yes, thank you.

PN11

MR WILSON: So as I say we would rely on the statutory declaration of Ms Horne.

PN12

THE COMMISSIONER: Clause 17. I think I understand what is meant but you know how problems can happen later down the track. It has got an action and time line for dispute handling set out in a box at 17.3.

PN13

MR WILSON: Yes.

PN14

THE COMMISSIONER: And the final box provides for the matter to be referred to the Commission with both parties agreeing to accept the division matter finalised. I think what they mean is that it would be referred to the Commission for determination with both parties accepting the division. Is that your - - -

PN15

MR WILSON: Conciliation and then if necessary, arbitration, Commissioner.

PN16

THE COMMISSIONER: Yes, do I - - -

PN17

MR WILSON: Finalisation. Yes.

PN18

THE COMMISSIONER: Yes. I think we can only go to determination can't we?

PN19

MR WILSON: Yes. I know the arbitration is a bit - yes. Determination and whatever the outcome both parties cop it and, yes, I can confirm - - -

PN20

THE COMMISSIONER: Now that would not stop - would that stop the Commission from conciliating if there was agreement between the parties?

PN21

MR WILSON: No. Not at all.

PN22

THE COMMISSIONER: Are you prepared to give an undertaking on behalf of that log of - - -

PN23

MR WILSON: Yes, I will give that undertaking, Commissioner.

PN24

THE COMMISSIONER: Thank you. Mr Grattan?

PN25

MR GRATTAN: If the Commission pleases, we support the position put by Mr Wilson on behalf of the Yarra-Melbourne Regional Library. We also seek the certification from the Commission and, by the Commission, and we would rely on our statutory declarations to satisfy the requirements of the Act.

PN26

THE COMMISSIONER: In a position to give a similar undertaking in regard to the operation of clause 17 that - - -

PN27

MR GRATTAN: I am.

PN28

THE COMMISSIONER: Yes, very good. Thank you. This matter is an application for the certification of the Yarra-Melbourne Regional Library Corporation Enterprise Agreement (No 3) 2004. On the basis of the statutory declarations that accompanied the application, the submissions of the parties this morning and a consideration of the agreement itself I am satisfied that the agreement meets the test prescribed in the legislation for certification.

PN29

Accordingly, I will certify the agreement with effect from today's date. It will remain in force until 30 June 2006. In view of the fact that there was an undertaking given regarding the operation of the agreement I will order transcript in these proceedings. If there is nothing further the proceedings in this matter are adjourned. Thank you.

ADJOURNED INDEFINITELY [11.01am]