AG2004/3453, Transcript of Proceedings [2004] AIRCTrans 2451 (30 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 7524

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

AG2004/3453

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by National Union of Workers - Victorian
Branch and Another for certification of the
Electrolux Pty Ltd and National Union of
Workers Enterprise Agreement 2004

MELBOURNE

10.10 AM, MONDAY, 21 JUNE 2004

PN1

THE DEPUTY PRESIDENT: I will take the appearances, please.

PN2

MR T. LYONS: If the Commission pleases, I appear for the NUW.

PN3

THE DEPUTY PRESIDENT: Yes, thanks Mr Lyons, go ahead.

PN4

MR LYONS: Thank you, your Honour. In relation to this matter, the union and the employer seek certification of an agreement. I note no appearance is entered by the employer. There should, however, be on the file of the Commission a declaration of Mr Williams who is the Financial Controller of Electrolux Pty Ltd at Knoxfield attesting to the company's agreement to the terms of the agreement. The union relies on the declaration of Mr Pakula, the branch secretary of the union which be on the file of the Commission.

PN5

THE DEPUTY PRESIDENT: Yes.

PN6

MR LYONS: There are a couple of matters that arise, your Honour. First of all it was - and I am indebted to your associate for bringing these matters to my attention. The declaration filed by the union, the statutory declaration was correct in all relevant respects but - and signed and witnessed but undated. Out of an abundance of caution, we have prepared an amended declaration executed by Mr Pakula again this morning in the same terms. Perhaps I could provide that to your Honour for inclusion on the file.

PN7

THE DEPUTY PRESIDENT: Yes.

PN8

MR LYONS: As I said, your Honour, the declaration is in relevantly the same terms except for the dates on which it was executed but there was that defect in the original declaration filed.

PN9

THE DEPUTY PRESIDENT: Yes, just for the purposes of identification I will mark this as NUW1.

EXHIBIT #NUW1 AMENDED DECLARATION

PN10

MR LYONS: Thank you, your Honour.

PN11

THE DEPUTY PRESIDENT: Mr Lyons.

PN12

MR LYONS: So, your Honour, we do rely on exhibit NUW1. There is a matter arising concerning the timing of the lodgment of the agreement. Your Honour will have noted that the agreement was lodged outside the statutory time limit. Your Honour will also have noted the agreement only covers some seven employees. I have instructions from the organiser that the same seven employees continue to be employed in the business and on that basis, we ask that you exercise your discretion to allow the agreement to proceed notwithstanding that it is out of time.

PN13

Two other matters, your Honour. First of all, there were some typographical errors of a cross-referencing nature that were included this agreement which is a rollover from a previous agreement and in fact were ones that had simply continued from the 2002 agreement. The union has corrected each of those and given that there were some four or five of them, I propose to give your Honour an amended copy of the full agreement.

PN14

THE DEPUTY PRESIDENT: Yes.

PN15

MR LYONS: Which I have also provided to the company although not had a response at this point, your Honour.

PN16

THE DEPUTY PRESIDENT: Thank you.

PN17

MR LYONS: The amendments, your Honour, are merely typographical and on that basis we say they come within the types of errors which the Commission is able to approve and allow the agreement to proceed without requiring a further vote of the employees.

PN18

THE DEPUTY PRESIDENT: It is pretty hard sometimes to know what is in and what is out these days, isn't it Mr Lyons?

PN19

MR LYONS: It is a bit of a moveable feast, your Honour, yes.

PN20

THE DEPUTY PRESIDENT: Yes.

PN21

MR LYONS: There is only - so we say the agreement in the form I have just provided you is the correct one and in the form it ought be certified. There is only one other issue, your Honour, and that is that the supported wage minimum which is contained in the agreement is the old figure of $50 rather than the currently provided for minimum of 60. In the circumstances, I don't think a variation of that would lend itself to simple correction.

PN22

THE DEPUTY PRESIDENT: No.

PN23

MR LYONS: What I propose to do is that the union will give an undertaking that the minimum figure would be as provided for by the current authority of the Commission that figure being $60.

PN24

THE DEPUTY PRESIDENT: Yes. Your - that undertaking, though, I would need to have replicated by the employer respondent to the agreement, Mr Lyons.

PN25

MR LYONS: Yes. What I propose to do - I hadn't had an opportunity to receive a reply from the employer at this point - what I propose to do, your Honour, is to contact the company today indicating the form in which we have given the undertaking and inviting them to confirm to your chambers, as promptly as possible, that they, first of all, accept the terms of the amendments made and secondly, they provide an undertaking in the same terms. If the Commission pleases.

PN26

THE DEPUTY PRESIDENT: Yes, I am satisfied with that, thanks, Mr Lyons.

PN27

MR LYONS: Yes.

PN28

THE DEPUTY PRESIDENT: Firstly, I will extend the time for the lodgment of this agreement by the amount necessary to allow for its certification and I do that pursuant to section 111(1)(r) of the Act and pursuant to section 111(1)(q) of the Act, I accept the version of the agreement handed up by Mr Lyons which corrects a number of very minor typographical errors in the original version of the agreement filed with the Commission.

PN29

Subject to the receipt of an undertaking in similar terms as that outlined by Mr Lyons with respect to the supported wage from the employer respondent to this agreement, the agreement, in my view, complies in all relevant respects with the requirements of the Act and will therefore be certified with effect from the date upon which I have the confirmed undertaking from the employer party to this agreement, that should take, I would expect, no longer than 24 hours, Mr Lyons.

PN30

MR LYONS: Without wishing to speak for them, I wouldn't have thought so, your Honour.

PN31

THE DEPUTY PRESIDENT: Yes. In any event, I will certify the agreement on receipt of that undertaking. Yes, on that basis, the matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [10.17am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 AMENDED DECLARATION PN10