AG2004/5060, Transcript of Proceedings [2004] AIRCTrans 2742 (16 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 7744

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

AG2004/5060

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Surdex Steel Pty Ltd for certification
of the Surdex Steel Pty Ltd Certified
Agreement 2004

MELBOURNE

12.02 PM, WEDNESDAY, 7 JULY 2004

PN1

MS A. WRIGHT: I am from the Australian Industry Group and I appear on behalf of Surdex Steel Pty Ltd and with me is MR S. SCHIPKIE who is the employee representative and MR G. SCERRI who is the General Manager for the company.

PN2

MR T. LYONS: If the Commission pleases, I appear for the National Union Workers. We seek leave, your Honour, to intervene pursuant to section 43 of the Act for the purposes of giving notice that we seek to be bound by the agreement in accordance with section 170M(3).

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN4

MR LYONS: If the Commission pleases.

PN5

THE SENIOR DEPUTY PRESIDENT: Is there any issue about that, Ms Wright?

PN6

MS WRIGHT: No, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you. Leave is granted Mr Lyons and I note the union has given notice on form R30A in respect to that matter. Yes, Ms Wright.

PN8

MS WRIGHT: Your Honour, this is an application made under division 2 of part VIB of the Act for certification of the Surdex Steel Pty Ltd Certified Agreement 2004 made in accordance with section 170LK. Your Honour, the terms of the agreement were reached between the company and its employees covered by the Storage Services Steel Distributing Award 2000 and employed at the sites referred to in clause 3 of the agreement.

PN9

The company has prepared statutory declarations which we believe meet all of the requirements of the Act, regulations and rules of the Commission and the employee rep has also made a statutory declaration to that effect. We submit that all of the requirements of section 170LK and 170LT have been met. Namely, the agreement we submit does not disadvantage the employees covered by it. A valid majority of employees generally made the agreement on 7 June 2004. This was done by a secret ballot conducted by a management representative and an employee representative at each site.

PN10

More than 14 days prior to the vote, employees were provided with a copy of the agreement and a notice in writing of the intention to make the agreement. The contents of the notice meets the requirement of section 170LK(4) and your Honour would you like me to hand up a copy of that notice?

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

EXHIBIT #S1 NOTICE OF THE INTENTION TO MAKE THE AGREEMENT

PN12

MS WRIGHT: Your Honour, just to explain that document. It does say Dandenong at the top, this document was customised for each particular site and signed by the relevant manager. We also included the union representative, an organiser of the NUW as a contact to confer about the agreement and we also, you know, changed the wording when we were last before you in relation to employees being able to request the organisation or the union to represent them from the previous time.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN14

MS WRIGHT: Prior to vote, managers of the company explained the terms of the agreement in a way that was appropriate having regard to the particular circumstances to the particular employees covered by the agreement. The agreement contains a dispute settlement procedure at clause 12. The period of the agreement is set out in clause 5 where it is stated that the agreement will expire on 30 April 2007. Subject to any questions you have, your Honour, we request that the agreement be certified in the terms sought.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes, the statutory declaration indicates no reduction at all in terms and conditions, is that the case?

PN16

MS WRIGHT: That is correct, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Mr Lyons.

PN18

MR LYONS: If the Commission pleases. As your Honour indicated, the NUW has filed with the Commission and served on the employer a notice in the form required by the rules indicating that we wish to be bound by the agreement. That notice also indicates that the base on which we say the requirements of section 170M(3) are met are that the NUW has members whose employment is subject to the agreement. Those members have asked us to give the notification to be bound by the agreement in that those persons are persons that are eligible to be our members and on that basis we would seek, in conjunction with you certifying the agreement, an order that we are bound by the agreement. If the Commission pleases.

PN19

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Lyons. Ms Wright there is no issue with any of the submissions put by the union?

PN20

MS WRIGHT: No, your Honour, I believe that to the case.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, very well, and the company have received written notification of intention to be bound?

PN22

MS WRIGHT: Yes, we did.

PN23

THE SENIOR DEPUTY PRESIDENT: Very well, thank you. This is an application pursuant to section 170LK of the Workplace Relations Act 1996 for certification of the Surdex Steel Pty Ltd Certified Agreement 2004. It is an agreement binding Surdex Steel Pty Ltd and all employees of that entity at 2004 Barry Road, Camberwell, Victoria, whose terms and conditions of employment are regulated by the Storage Services Steel Distributing Award 2000.

PN24

I am satisfied that each of the requirements of section 170LK, LT of the Act have been met and on that basis the Commission must certify the agreement. The National Union of Workers has given notice under paragraph 170M(3)(c) that it wishes to be bound by the agreement. I am satisfied that all of the requirements of section 170M(3) have been met. The application is an application - the allocation for certification rather, is an application made under division 2. A valid majority of persons made the agreement with the employer.

PN25

Before the agreement was certified, the NUW has notified the Commission and employer in writing that it wishes to be bound and I am satisfied that the NUW has at least one member whose employment will be subject to the agreement whose industrial interests the organisation is entitled to represent in relation to work subject to the agreement and who requested the organisation to give notification.

PN26

In those circumstances, I must and do order - I am sorry, I must and do determine that the agreement binds the organisation. That will be done formally by order. Accordingly, I will certify the agreement in the terms entered into between the parties subject to an order that the agreement binds the National Union of Workers. The agreement shall come into force from 7 July 2004 and shall remain in force until 30 April 2007. A copy of the certificate won't be immediately available. It will be in terms which certifies the agreement but in terms also which order that the NUW be bound by the agreement. I will now adjourn these proceedings.

ADJOURNED INDEFINITELY [12.09pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #S1 NOTICE OF THE INTENTION TO MAKE THE AGREEMENT PN12