AG2004/3561, Transcript of Proceedings [2004] AIRCTrans 2751 (16 July 2004)

AUSCRIPT PTY LTD
(Administrator Appointed)
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TRANSCRIPT OF PROCEEDINGS


O/N 7740

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

AG2004/3561

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by National Union of Workers - Victorian
Branch and Another for certification of the
Go-Pet Special Merchandise - National Union
of Workers Enterprise Agreement 2004

MELBOURNE

10.56 AM, WEDNESDAY, 7 JULY 2004

PN1

MR M. KARAKATSANIS: I appear on behalf of Nestle Australia Limited.

PN2

MS S. ALISON: I appear on behalf of the NUW.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Karakatsanis.

PN4

MR KARAKATSANIS: Thank you, your Honour. Your Honour, this is an application made under division 2, part VIB of the Act for certification of an agreement made in accordance with section 170LJ of the Workplace Relations Act. In the interests of time, your Honour, which I believe my colleague is short of, I'd seek to rely on the statutory declarations provided by both parties to support this application, and of course if your Honour has any questions we would be happy to answer those. If it pleases.

PN5

THE SENIOR DEPUTY PRESIDENT: There is just one matter. The table of contents at page 3 refers to clause 41, information to be supplied by employer, which doesn't appear in the agreement, and then subsequent matters appear with different numbers. I am presuming there is no information to be supplied by employer clause. I wonder, in that case, if I could be provided with a replacement page 3 and 4, given they are double sided, which amends the table of contents to accurately reflect that form of agreement.

PN6

MR KARAKATSANIS: Thank you, your Honour. Yes, I can make that undertaking that we will provide an amended table of contents for both the NUW and the Commission.

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you very much. Ms Alison.

PN8

MS ALISON: Thanks, your Honour. The NUW relies on the submissions of the company - sorry, supports the submissions of the company and relies on the statutory declaration filed by the union and signed by Martin Pakula, the Branch Secretary, dated 27 May 2004.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you for that.

PN10

MS ALISON: Thanks, your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: Thank you. This is an application for certification of the Go-Pet Special Merchandise - National Union of Workers Enterprise Agreement 2004. Having regard to the statutory declarations of Mr Pakula and Mr Maher, and submissions put today I am satisfied the relevant requirements of the Act and rules of the Commission have been met. Accordingly, I will certify the agreement with effect from today's date. It shall remain in force until 30 April 2007.

ADJOURNED INDEFINITELY [11.00am]