AG2004/5334, Transcript of Proceedings [2004] AIRCTrans 3022 (2 August 2004)

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

Suite 25, Trafalgar Centre 108 Collins St HOBART Tas 7000
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TRANSCRIPT OF PROCEEDINGS

O/N 0716

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2004/5334

APPLICATION FOR CERTIFICATION
OF AGREEMENT WITH ORGANISATIONS
OF EMPLOYEES (DIVISION 2)

Application pursuant to section 170LJ of the Act
by Burnie Port Corporation Pty Limited and Another
for certification of the Burnie Port Corporation
Pty Limited Labour Force Agreement 2004

HOBART

1.27 PM, FRIDAY, 23 JULY 2004

PN1

THE DEPUTY PRESIDENT: This is an application pursuant to section 170LJ of the Workplace Relations Act for certification of the Burnie Port Corporation Pty Limited Labour Force Agreement 2004. The Corporation is a constitutional corporation and the agreement was filed within the prescribed time limit.

PN2

The parties to the agreement will be the Maritime Union of Australia and the Burnie Port Corporation Pty Limited. The parties are not in attendance, but seek certification of the agreement in their absence and have provided letters to that effect. They have been advised that there are no queries within the agreement other than those that have been responded to.

PN3

I take it back. The agreement was lodged out of time. It was lodged some days out of time and the Maritime Union has advised that due to the location of union officials being in Sydney and the agreement was negotiated in Tasmania, there were some logistical difficulties in getting the appropriate signatures, so I exercise my discretion to allow the agreement to be certified despite the late lodgment.

PN4

There was a reference to the disputes settlement procedure, and the Commission is advised that clause 28, which is the disputes settlement procedure clause, provides for conciliation, and if necessary arbitration, and the Burnie Port Corporation agrees with that as well. Letters and faxes responding to queries raised are on the file.

PN5

Accordingly, the agreement can be certified and an order will issue to take effect from today's date and the agreement remains in force until 22 July 2007.

ADJOURNED INDEFINITELY [1.30pm]