AG2004/5407, Transcript of Proceedings [2004] AIRCTrans 2768 (19 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 7765

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2004/5407

APPLICATION FOR CERTIFICATION OF
AGREEMENT

Application under section 170LJ of the Act
by Transport Workers Union of Australia and
Another for certification of the K & S
Freighters Pty Ltd Linehaul Drivers' Enterprise
Agreement 2004

MELBOURNE

11.04 AM, THURSDAY, 8 JULY 2004

PN1

MS P. DOODY: I appear on behalf of the Transport Workers Union of Australia.

PN2

MS K. EVANS: Human Resource Manager and I am here on behalf of K and S Freighters.

PN3

THE COMMISSIONER: Ms Doody?

PN4

MS DOODY: Thank you, Commissioner. If the Commission pleases this is an application made under division 2 of Part VIB of the Workplace Relations Act 1996 for the certification of an agreement pursuant to section 170LJ of that Act. All of the requirements of the Act, regulations and rules of the Commission have been met in the making of this agreement and you should have before you a statutory declaration on behalf of Hughie Williams, the Federal President of the Transport Workers Union to that effect.

PN5

The agreement meets requirements of section 170LT of the Act in that it passes the no disadvantage test. It was genuinely approved by a valid majority of relevant employees and the terms of the agreement were appropriately explained to those employees. It contains a dispute settlement procedure at clause 15 of the agreement and contains a nominal expiry date of 30 June 2006 at clause 5 of the agreement. In relation to the no disadvantage test the agreement is underpinned by the Transport Workers Long Distance Drivers Award 2000.

PN6

Unless there are any further questions, Commissioner, we are seeking the agreement be certified from today's date in the terms sought, thank you.

PN7

THE COMMISSIONER: Yes, thanks, Ms Doody. Ms Evans?

PN8

MS EVANS: Thank you, Commissioner. I support the application put forward by the TWU and rely on the documentation put forward.

PN9

THE COMMISSIONER: Well, the application is put forward by both parties, Ms Evans.

PN10

MS EVANS: Sorry, for both parties and support the application put forward with the documentation. Thank you.

PN11

THE COMMISSIONER: Okay. Well, all of the requirements of the Act and the rules of the Commission have been met in respect of this matter. Accordingly, pursuant to section 170LT of the Workplace Relations Act 1996 the Commission certifies the said agreement. The agreement shall come into force from today's date, 8 July 2004 and remain in force until 30 June 2006. And I congratulate the parties on filing the agreement within the time that was prescribed. The Commission is adjourned.

ADJOURNED INDEFINITELY [1.06pm]