AG2004/5031, Transcript of Proceedings [2004] AIRCTrans 2471 (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 7558

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2004/5031

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by McColls Transport Pty Limited and Another
for certification of the Transport Workers
McColls Transport Pty Limited Enterprise
Agreement 2003

MELBOURNE

10.17 AM, TUESDAY, 22 JUNE 2004

PN1

MS P. DOODY: I appear on behalf of the Transport Workers' Union of Australia.

PN2

MS S. WEST: I appear on behalf of McColls Transport.

PN3

THE COMMISSIONER: Thank you. Ms Doody.

PN4

MS 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.

PN5

The agreement was approved on 3 May 2004, but was not filed with the Registry until 10 June 2004. The delay was primarily due to the documents being sent up to Queensland for signing off in the absence of the Federal Secretary. I have been instructed that there has been no material or significant change in the composition of the workforce between the date of its approval by a valid majority and the date the agreement was filed with the Commission.

PN6

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. It contains a dispute settlement procedure at clause 6 of the agreement and contains a nominal expiry date of June 2006 at clause 4 of the agreement. In relation to the no disadvantage test, the agreement is underpinned by the Transport Workers Long Distance Drivers Award 2000 and 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.

PN7

MS DOODY: Yes, thank you. Ms West.

PN8

MS WEST: Commissioner, we have got no issues or problems with the agreement at all. We just hope that it is certified today. Thank you.

PN9

THE COMMISSIONER: Thank you. Pursuant to section 170LT of the Workplace Relations Act 1996, the Commission certifies the said agreement. The agreement will come into force from today's date, 22 June 2004 and remain in force until 30 June 2006 and it goes without saying the time for filing has been extended.

PN10

MS DOODY: Thank you, Commissioner.

PN11

THE COMMISSIONER: The matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [10.21am]