AG2004/5033, Transcript of Proceedings [2004] AIRCTrans 2469 (2 July 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 7555

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2004/5033

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Transport Workers' Union of Australia and
Another for certification of the Toll-Ford
Inbound Contract, Victoria, Agreement 2004

MELBOURNE

10.11 AM, TUESDAY, 22 JUNE 2004

PN1

THE COMMISSIONER: I note Ms Doody appears for the TWU and Mr Walters for Toll. Yes, Ms Doody.

PN2

MS P. DOODY: Thank you, Commissioner. If the Commission pleases, this is an application made under division 2 of part VIB of the Workplace Relations Act 1996 for the certification of an agreement pursuant to section 170LJ of that Act. All of the requirements of the Act, regulation and rules of the Commission have been met in the making of this agreement, except in relation to section 170LM which requires that an application to certify the agreement be made within 21 days of the agreement's approval by a valid majority.

PN3

The agreement was approved on 28 April 2004, but was not filed with the Registry until 10 June 2004. The delay was primarily due to the Federal Secretary being overseas and we have had to send our documentation up to the Federal President in Queensland for signing off. I also understand there was a bit of complication on getting some signatures on behalf of the company, but perhaps Mr Walters can address that issue.

PN4

I have been instructed in this instance, Commissioner, that two employees have left since the date of vote. However, the vote was unanimous. On this basis, we would seek the Commission exercise its discretion under section 111(1)(r) to extend the prescribed time limits. The agreement meets the requirements of section 170LT of the Act in that it passes the no disadvantage test. It was genuinely approved by a valid majority of relevant employees. The terms of the agreement were appropriately explained to those employees.

PN5

It contains a dispute settlement procedure at clause 37 of the agreement and contains a nominal expiry date of 13 January 2007 at clause 5 of the agreement. In relation to the no disadvantage test, the agreement is underpinned by the Transport Workers Award 1998. Unless there are any further questions, Commissioner, we are seeking the agreement be certified from today's date in the terms sought. Thank you.

PN6

THE COMMISSIONER: Thanks, Ms Doody. Mr Walters.

PN7

MR WALTERS: Commissioner, you have before you a statutory declaration stating that the requirement of the Act have been met, except for the time requirements and that we wish to apply for an extension under 111(1)(r). We apologise for the delay in submitting the EBA, in fact, for passing it on to the TWU and the Commission for ratification. The delay was brought about due to annual leave of some of the stakeholders that were involved in the process. Two people have left since the vote was taken. However, this is not a significant number and the vote was unanimous at the time that it was taken, Commissioner, and we ask accordingly that the agreement be certified.

PN8

THE COMMISSIONER: Yes, thanks, Mr Walters. The time for filing is extended and pursuant to section 170LT of the Workplace Relations Act 1996, the Commission certifies the said agreement. The agreement comes into force from today's date, 22 June 2004, and shall remain in force until 13 January 2007. The matter is adjourned.

ADJOURNED INDEFINITELY [10.14am]