AG2002/1093, Transcript of Proceedings [2004] AIRCTrans 3256 (19 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 8174

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GRAINGER

AG2002/1093

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by the CFMEU and Another for certification
of the Gemwood Interiors Pty Ltd Building and
Construction Industry Collective Bargaining
Agreement 1999-2002

MELBOURNE

2.48 PM, WEDNESDAY, 1 MAY 2002

PN1

MR R. WAINWRIGHT: I appear on behalf of the Construction, Forestry, Mining and Energy Union in each of the matters.

PN2

MS M. McKENZIE: I appear on behalf of the Finishing Trades Association and General Interiors.

PN3

THE COMMISSIONER: Mr Wainwright, are you going to run us through it, put in the application for the main lodgment?

PN4

MR WAINWRIGHT: Yes. Beginning with Gemwood Interiors, Commissioner, this matter was before you on 8 March, at which time you sought some further information about the identity of the person who witnessed the employer's statutory declaration. I believe there was another hearing since then.

PN5

THE COMMISSIONER: You were missing in action.

PN6

MR WAINWRIGHT: Where the CFMEU was missing in action for a reason that I still cannot ascertain, but regardless - and we are here again today.

PN7

THE COMMISSIONER: Yes.

PN8

MR WAINWRIGHT: This is an application under section 170CJ of the Workplace Relations Act in relation to an agreement between the CFMEU and the company. Commissioner, I submit to you that the application meets the requirements of the Workplace Relations Act. The statutory declarations that have been lodged by Mr Georgiou and Mr Kingham outline that the agreement meets the no disadvantage test. It has dispute settlement procedures at clauses 9 and 10 and its nominal expiry date is found at clause 6 and it is no longer than three years from the date the agreement is made and is, in fact, 30 November 2002. So with all of that, Commissioner, I would submit to you that the agreement should be certified.

PN9

THE COMMISSIONER: Yes. What about your application for late lodgment? Date of approval by a valid majority of employees was 28 September 2001. It was lodged with the Commission on 8 February 2002.

PN10

MR WAINWRIGHT: Well, in those circumstances, Commissioner, I would request that you exercise your powers under section 111(1)(r) to extend the prescribed period.

PN11

THE COMMISSIONER: Has there been any significant change in the workforce since that time?

PN12

MR WAINWRIGHT: I suppose I will let the employer - - -

PN13

THE COMMISSIONER: Yes. Ms McKenzie, are you aware?

PN14

MS McKENZIE: No, we have no objections.

PN15

THE COMMISSIONER: You are not aware of any significant change in the workforce?

PN16

MS McKENZIE: No.

PN17

THE COMMISSIONER: No. Thank you. All right. Mr Wainwright, I think that you - I have noticed of late that there seems to be a - we seem to be having more - a big improvement and we seem to be having more that are coming in lodged well within time, so this must be one of the last ones left from the backlog that had developed, so that is very good and I really appreciate it. Well, I will exercise my discretion pursuant to section 111 and grant leave for late lodgment. It appears as though there has been no significant change in the workforce and otherwise no disadvantage caused to the relevant employees. If I could just run you through, Mr Wainwright, a few things. Does the union have - does the CFMEU have at least one member employed by the business?

PN18

MR WAINWRIGHT: Yes, we do.

PN19

THE COMMISSIONER: Yes. And is the CFMEU entitled to represent the industrial interests of that member?

PN20

MR WAINWRIGHT: Yes, Commissioner.

PN21

THE COMMISSIONER: Yes. And was the agreement approved by a valid majority of employees?

PN22

MR WAINWRIGHT: It was.

PN23

THE COMMISSIONER: Yes. Do you know what the process was just as a matter of interest? Was it a show of hands, are you aware?

PN24

MR WAINWRIGHT: It would have been a meeting of the eight employees with a show of hands.

PN25

THE COMMISSIONER: Yes.

PN26

MR WAINWRIGHT: I don't have the numbers of the vote.

PN27

THE COMMISSIONER: All right, okay. You can give me those numbers; it is very helpful. Thanks very much. If I could - thanks very much, Mr Wainwright. Ms McKenzie, could I just ask you are you aware whether Gemwood did take reasonable steps to ensure that at least 14 days before approval was given the employees had access to a written copy of the agreement?

PN28

MS McKENZIE: Yes.

PN29

THE COMMISSIONER: Yes. And that before approval was given its terms were explained?

PN30

MS McKENZIE: Yes.

PN31

THE COMMISSIONER: Yes. Good, thank you very much. Mr Wainwright, I note that the advantages of this agreement appear to be in relation to the no disadvantage test at section 170XA, clause 7(f) about no employee shall be disadvantaged. At clause 11 there is a 15 per cent pay increase over the life of the agreement. Clauses 12, 13 and 14 in regard to allowances and clause 15 in regard to productivity leisure days and clause 24 in regard to income and trauma protection, I couldn't see anything which seemed to represent a disadvantage. Does that sound right to you?

PN32

MR WAINWRIGHT: It is all accurate, Commissioner.

PN33

THE COMMISSIONER: Yes, thanks very much. Good. Then in regard to the Gemwood Interiors Pty Ltd and CFMEU Building and Construction Industry Collective Bargaining Agreement 1999-2002, I am satisfied that this meets all this requisite statutory requirements. It has an appropriate dispute resolution clause at clause 9. The term of the agreement at clause 6 is stated to be 1 December 1999 to 30 November 2002 and I do, therefore, certify this agreement today, 1 May 2002, and I will issue a certificate to that effect shortly. Good. Thanks very much, Ms McKenzie.

PN34

MS McKENZIE: Thank you.

PN35

THE COMMISSIONER: You are excused and Mr Wainwright can forge ahead.

ADJOURNED ACCORDINGLY [2.53pm]