AG2004/5155, Transcript of Proceedings [2004] AIRCTrans 2678 (14 July 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

ADMINISTRATOR APPOINTED

Level 10, 15 Adelaide St BRISBANE Qld 4000
(PO Box 13038 George Street Post Shop Brisbane Qld 4003)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 2905

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SPENCER

AG2004/5155

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under Section 170LK of the Act
by Bocar Services Pty Ltd for certification
of the Employees Bocar Services Pty Ltd
Certified Agreement 2004

BRISBANE

10.03 AM, FRIDAY, 2 JULY 2004

PN1

THE COMMISSIONER: Thank you. I'll take appearances, please.

PN2

MR M.G. LOANE: I appear with MR HENRY BAUMANN for Bocar Services.

PN3

THE COMMISSIONER: Thank you.

PN4

MR R. GRAZIOLI: I'm representing the employees of Bocar Sydney.

PN5

THE COMMISSIONER: Thank you for your attendance, Mr Grazioli. Mr Loane, do you have some submissions in relation to that agreement? I know that it follows on from a series of prior agreements of this nature which you've given me a significant amount of documentation on, but in relation to this particular agreement do you have some more materials further to those provided on record?

PN6

MR LOANE: Not really, Commissioner, only to inform you that the significant difference between the application before you this morning and the Bocar Automotive Products is that the rates of pay in the instant agreement or proposed agreement are $19 a week in excess of the Bocar Automotive Products because of the - - -

PN7

THE COMMISSIONER: Safety net adjustment.

PN8

MR LOANE: Exactly. That's the first thing. The second thing is in your decision of 2 October last year, you made two conditions on Bocar Automotive. I guess, we can confirm that we have complied with number one because we're here today to create the one for Sydney. We would undertake a similar undertaking that this agreement will apply in Sydney exclusively and continue to apply in Sydney throughout its duration and would also undertake, or make the second undertaking that you declared in your decision and that is as to the reconciliation after 12 months of the operation of the agreement. All the documentation that is before you, Commissioner, by virtue of my letter of 15 June this year advised the Commission that we have complied with the Act. We commend the document to you, ask that you certify it and it operate as from yesterday, 1 July.

PN9

THE COMMISSIONER: Mr Loane, thank you very much for providing all of that documentation so efficiently. It does assist the process. I might just ask Mr Grazioli just some questions about the procedure.

PN10

Mr Grazioli, just in terms of - and I know you have provided a statutory declaration, but just in terms of - as Mr Loane has set out previously before the Commission, the wage rates are based on length of service rather than simply on skills and, as I understand it, that does advantage a number of the employees. But, you're aware that the undertaking that Mr Loane on behalf of - or Mr Baumann is giving, is that any employee who is concerned in terms of the correlation of their wage rate or what their wage rate would have been - what they would have received under the award as opposed to under the agreement can ask if they require or if they feel the need to have a correlation done after 12 months?

PN11

MR GRAZIOLI: That's correct.

PN12

THE COMMISSIONER: Now, that actual wage rate or schedule of wages was explained to you, that's it's based on years of service?

PN13

MR GRAZIOLI: Yes, it was.

PN14

THE COMMISSIONER: And the differences between the award rate and the agreements, there are - there is a relatively significant difference there. That was explained to employees how that difference was to cover some compromises in the agreement?

PN15

MR GRAZIOLI: Yes.

PN16

THE COMMISSIONER: And how were those explanations undertaken?

PN17

MR GRAZIOLI: I'm sorry?

PN18

THE COMMISSIONER: How the agreement explained to employees?

PN19

MR GRAZIOLI: They were gathered and were presented with the figures for what we would be receiving under the award and what we would now under this agreement.

PN20

THE COMMISSIONER: And employees understood that it's based on - the increments or the increases as they go through the levels are based on the years of service there?

PN21

MR GRAZIOLI: Yes.

PN22

THE COMMISSIONER: All right. And when you had the final version of the agreement, did employees have that for 14 days before the vote was taken?

PN23

MR GRAZIOLI: They did.

PN24

THE COMMISSIONER: All right. And there was no changes made in that period?

PN25

MR GRAZIOLI: No.

PN26

THE COMMISSIONER: And when the vote was taken you were comfortable with that process, that it was a process that employees were allowed to clearly make their own decisions?

PN27

MR GRAZIOLI: Yes.

PN28

THE COMMISSIONER: And the final vote, was that unanimous?

PN29

MR GRAZIOLI: Yes.

PN30

THE COMMISSIONER: All right. Do you have anything else in relation to the agreement that you wanted to say or ask of the Commission?

PN31

MR GRAZIOLI: No.

PN32

THE COMMISSIONER: All right. Thank you for your attendance, Mr Grazioli.

PN33

I would, in accordance with the Workplace Relations Act 1996, certify the agreement. It meets the legislative requirements. The documentation has been provided and in accordance with section 170LT of the Workplace Relations Act, I would certify the agreement from today's date with a nominal expiry date of 1 July 2007. Thank you.

PN34

MR LOANE: Thank you, Commissioner.

ADJOURNED INDEFINITELY [10.09am]