AG2004/5021, Transcript of Proceedings [2004] AIRCTrans 2746 (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)
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TRANSCRIPT OF PROCEEDINGS


O/N 7739
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

AG2004/5021

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Hafele Australia Pty Ltd and Another for
certification of the Hafele Australia Pty Ltd
Enterprise Agreement 2003

MELBOURNE

10.51 AM, WEDNESDAY, 7 JULY 2004

PN1

MR G. AMOROSO: I appear for the Victorian Employers Chamber of Commerce and Industry on behalf of the company, together with MR P. BUCKNALL.

PN2

MS S. ALISON: I appear on behalf of the National Union of Workers.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Mr Amoroso.

PN4

MR AMOROSO: Thank you, your Honour. We are seeking certification of the agreement entitled the Hafele Australia Pty Ltd Enterprise Agreement 2003. We would seek to rely on the documentation provided to the Commission, including a statutory declaration by Mr Bucknall which would confirm that the agreement complies with the requirements of the Act.

PN5

Your Honour, there is one matter that we need to raise. The application is out of time by some 36 days on my reckoning. The reasons for that are two. One, that Mr Bucknall was away for a couple of weeks, and also just administrative delays. But I can confirm that the - both the number and make-up of the workforce has not materially changed, and the work they are doing is not in any way different. So we would ask your Honour to exercise discretion under section 111((i))(r) to extend that period.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, thanks.

PN7

MR AMOROSO: And ask that the agreement be certified effective today's date in the terms described in the agreement. There is one other very small matter I must raise, Commissioner - your Honour, sorry. In Mr Bucknall's statutory declaration at 6.4, the answer in bold, the second paragraph, says:

PN8

A meeting was held on site with staff, company representatives and the new Commissioner

PN9

That was meant to be the NUW Organiser.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes.

PN11

MR AMOROSO: There was no Commissioner involved in it. If your Honour pleases.

PN12

THE SENIOR DEPUTY PRESIDENT: Very well. Thank you for that.

PN13

MR AMOROSO: Thank you, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: We have, I think Commissioner Thatcher is the most recently appointed. Yes, Ms Alison.

PN15

MS ALISON: Thanks, your Honour. The NUW supports the company's submissions. We rely on the statutory declaration from Martin Pakula that should be on the Commission's file.

PN16

THE SENIOR DEPUTY PRESIDENT: It is.

PN17

MS ALISON: We also support the company's submissions regarding seeking an extension of time. Thank you, your Honour.

PN18

THE SENIOR DEPUTY PRESIDENT: Very well, thank you. This is an application pursuant to section 170LJ of the Act for certification of the Hafele Australia Proprietary Limited Enterprise Agreement 2003. The agreement was approved by a valid majority of employees on 13 April 2004, lodged on 10 June 2004, 36 days beyond the time period prescribed in section 170LM(2) of the Act. The parties have sought the Commission exercise a discretion to extend the period of lodgment on the basis of the delay - arose in part due to absence on leave of the relevant company officer, and in part for other administrative reasons.

PN19

It is put to me that the number of and make up of the workforce has not materially changed since approval of the agreement by a valid majority of employees. In the circumstance I will exercise a discretion under section 111(i)(r) of the Act to extend the period for lodgment until 10 June 2004. Subject to that ruling, having regard to the statutory declarations of Mr Bucknall and Mr Pakula, and submissions put today, I am satisfied that the requirements of the Act and rules of the Commission have been met. Accordingly, I will certify the agreement with effect from today's date. The agreement shall remain in force until 30 March 2007.

ADJOURNED INDEFINITELY [10.55am]