AG2004/5143, Transcript of Proceedings [2004] AIRCTrans 2679 (14 July 2004)

AUSCRIPT PTY LTD
(Administrator Appointed)
ABN 76 082 664 220

Suite 25, Trafalgar Centre 108 Collins St HOBART Tas 7000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 0642

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2004/5143

APPLICATION FOR CERTIFICATION
OF AGREEMENT ABOUT INDUSTRIAL
DISPUTE (DIVISION 3)

Application under section 170LS of the Act
by the Minister Administering the State
Service Act 2000 and Another to certify the
Teaching Service (Tasmanian Public Sector)
Salaries and Conditions of Employment
Agreement 2004

HOBART

1.45 PM, FRIDAY, 2 JULY 2004

PN1

MR C.J. LANE: I appear on behalf of the Australian Education Union.

PN2

MR G. PAYNE: I appear on behalf of the Minister.

PN3

THE DEPUTY PRESIDENT: Mr Lane, thank you?

PN4

MR LANE: Thank you, your Honour. I appear of course in matter 5143 which relates to a proposed agreement between the Australian Education Union and the Minister Administering the Tasmanian State Service Act. It is an agreement under section 170LS of the Workplace Relations Act of 1996 and it is in accord with the provisions of that section of the Act and that division of the Act. It covers a range of conditions of employment including salaries over a period of three years and provides during that time for salary increases in line with the formula that is set out in clause 8 of the proposed agreement and I think it is also schedule 3 of the agreement which provides some details on the salary increases that would result initially from the first full pay period of March 2004.

PN5

This agreement replaces four previous agreements which are listed in clause 3 of the proposed agreement, namely the Teaching Service Tasmanian Public Sector Salaries and Conditions of Employment Agreement 2000, Tasmanian - sorry, Teaching Service Tasmanian Public Sector Transfer and Isolated Locations Incentive Agreement 2000, Teaching Service Tasmanian Public Sector Isolated Locations Incentive Agreement 2001 and finally the Teaching Service Tasmanian Public Sector Conditions of Employment Agreement 2001.

PN6

THE DEPUTY PRESIDENT: So those agreements no longer have any reason to exist?

PN7

MR LANE: They have no reason to exist.

PN8

THE DEPUTY PRESIDENT: So the Commission can exercise its discretion - - -

PN9

MR LANE: It can exercise - - -

PN10

THE DEPUTY PRESIDENT: - - - and on its own motion set them aside?

PN11

MR LANE: And we would invite the Commission to exercise that right, your Honour.

PN12

THE DEPUTY PRESIDENT: Right, reduce the paperwork.

PN13

MR LANE: Yes. Your Honour, the proposed agreement was subject to a vote of employees, affected employees. I gather you have been sent or you have been provided with copies of the appropriate statutory declarations - - -

PN14

THE DEPUTY PRESIDENT: Yes, indeed.

PN15

MR LANE: - - - which outline the employees concerned and the steps taken to provide those employees with information, copies of the agreement and of course appropriate time to consider that, appropriate time then to exercise their vote in a vote that was handled by the Australian Electoral Commission. We believe it is in accordance with the necessary provisions of the Act and we would ask that you certify the agreement as requested so that we may provide the retrospective pay increases from the first full pay period as of March 2004.

PN16

THE DEPUTY PRESIDENT: I had two questions, but you will be pleased to know I now only have one. I was looking at the formula and gave up, but now it is as clear as can be.

PN17

MR LANE: Well, obviously I didn't answer it.

PN18

THE DEPUTY PRESIDENT: Probably something in the water I think. The only other issue that I ask for some clarification is clause 32 grievances and disputes. You have got that they can go to the Tasmanian Commission. I have some difficulty with that.

PN19

MR LANE: Yes, so do I, your Honour.

PN20

THE DEPUTY PRESIDENT: Yes.

PN21

MR LANE: And yet, "Or the Australian Industrial Relations Commission," yes I understand.

PN22

THE DEPUTY PRESIDENT: I don't think there is an "or".

PN23

MR LANE: No.

PN24

THE DEPUTY PRESIDENT: And also the following clause refers to the Industrial Relations Act 1984, I presume that is - - -

PN25

MR LANE: Yes, can we - yes.

PN26

THE DEPUTY PRESIDENT: If we have it on the record that it is intended to go to the Federal Commission and its reference to the Workplace Relations Act that will save me having to ask you to take it back to the vote, but if you were to give me a replacement page that might address the concern.

PN27

MR LANE: We shall provide you with a replacement page very shortly, your Honour.

PN28

THE DEPUTY PRESIDENT: Right, thank you.

PN29

MR LANE: Would we need to get the page with the signatures on it, or would you simply accept a replacement for the sections or clauses 32, 33, 34?

PN30

THE DEPUTY PRESIDENT: It should be the one with the signatures on it shouldn't it?

PN31

MR LANE: Yes.

PN32

THE DEPUTY PRESIDENT: Why don't you just write me a letter saying that the intent is that it comes to the Federal Commission.

PN33

MR LANE: Yes, and it certainly is, your Honour, it shows how well we read things at times. You read something so many times and then you miss something like that, I can't believe it.

PN34

THE DEPUTY PRESIDENT: Well, you are on notice because the dispute settlement procedure is the first clause that I go to because I also have to ask you what is the intent of when you bring it here?

PN35

MR LANE: Of course.

PN36

THE DEPUTY PRESIDENT: Are you giving the Commission the power of private arbitration or are you what?

PN37

MR LANE: We would be giving the Commission the power to arbitrate on the matters if conciliation failed to reach some from of agreement on the matters.

PN38

THE DEPUTY PRESIDENT: Okay. All right. Perhaps rather than going through the process of having to take it back to the vote, all those sorts of things, if you just send a letter saying what is intended by the clause I will be happy with that.

PN39

MR LANE: I shall do so and I will get someone from the other side to also sign that letter.

PN40

THE DEPUTY PRESIDENT: Thank you.

PN41

MR LANE: Thank you, your Honour.

PN42

THE DEPUTY PRESIDENT: I am sure your members understand what the intent is.

PN43

MR LANE: I should hope so.

PN44

THE DEPUTY PRESIDENT: Mr Payne?

PN45

MR PAYNE: If the Commission pleases. I agree with the submissions of Mr Lane and also accept the variations you propose to the agreement and endorse the agreement to you. Thank you.

PN46

THE DEPUTY PRESIDENT: And you will sign the letter that Mr Lane is going to provide?

PN47

MR PAYNE: Yes, I will. Thanks.

PN48

THE DEPUTY PRESIDENT: All right. On that basis I have no difficulty with certifying the agreement. We will take a practical approach to the legislation. This is an application pursuant to section 170LS of the Workplace Relations Act for certification of the Teaching Service Tasmanian Public Sector Salaries and Conditions of Employment Agreement 2004. The parties to the agreement are the Minister Administering the State Service Act 2000, the Australian Education Union and those employees covered by the classifications found in the agreement or the Teaching Service Tasmania Public Sector Award 2002.

PN49

The parties have provided the necessary statutory declarations and having perused those I am satisfied the requirements of the Act have been met. Accordingly the agreement will be certified. An order will issue to take effect from today's date and to remain in force until 28 February 2007. The agreement came into effect from 1 March 2004. That agreement is certified and Mr Lane will forward a letter in due course. Thank you. Those matters are adjourned.

ADJOURNED INDEFINITELY [1.51pm]