AG2004/5464, Transcript of Proceedings [2004] AIRCTrans 3166 (13 August 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 8159

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2004/5464

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Vision Glazing Pty Ltd and Another
for certification of the Vision Glazing
Enterprise Bargaining Agreement 2003-2006

MELBOURNE

1.12 PM, THURSDAY, 29 JULY 2004

PN1

MR R. LOWE: Your Honour, I appear for the CFMEU in this matter. This matter, however, was lodged by the employer and that was Mr Blaxby of the Glass Merchants Association. I am prepared to give our submissions but I did expect Mr Blaxby here this afternoon.

PN2

THE SENIOR DEPUTY PRESIDENT: Well, he isn't so we will go ahead without him.

PN3

MR LOWE: Right. Thank you, your Honour. Your Honour, this agreement was made by the parties pursuant to division 2 section 170LJ of the Workplace Relations Act. The statutory declarations along with the agreement, on the union's part, was lodged by Mr Leo Skourdoumbis, the Branch Secretary of the union, and I note from the notice listing that the company was to file with the Registry a statutory declaration. I don't know whether that has occurred or not, your Honour.

PN4

THE SENIOR DEPUTY PRESIDENT: It has.

PN5

MR LOWE: Your Honour, in this matter the union would rely on the provisions in its statutory declaration. There are three employees covered by the terms of the agreement. The agreement was with the employees for a period of 14 days prior to a meeting which was held with those employees, your Honour, and I am just trying to see. It seems to be an error in the stat dec I have got, because I can't see the date on it. No, your Honour, I have got a problem there with this that the agreement was lodged, as I understand it, in time but for some reason the date isn't in our statutory declaration.

PN6

Your Honour, I am just not sure what has occurred there as I wasn't responsible for preparing these. I am advised by the organiser that the meeting was held and that the agreement was unanimously endorsed by those employees, and the agreement and its making ends a bargaining period number 1230 of 2003, and the union would submit that the enterprise agreement should be certified as sought. I am at a loss to explain the issue round about the date. That is a problem; we will have to deal with that, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: We will go into conference.

SHORT ADJOURNMENT [1.15pm]

RESUMED [1.17pm]

PN8

THE SENIOR DEPUTY PRESIDENT: I will adjourn this matter.

ADJOURNED INDEFINITELY [1.17pm]