AG2002/2019, Transcript of Proceedings [2004] AIRCTrans 3265 (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 8177

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GRAINGER

AG2002/2020

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by CFMEU and Another for certification of the
CFMEU and Aluco Tech Building and Construction
Industry Collective Bargaining Agreement 1999-2002

MELBOURNE

2.58 PM, WEDNESDAY, 1 MAY 2002

PN1

THE COMMISSIONER: The next one is the CFMEU and Aluco Tech Building and Construction Industry Collective Bargaining Agreement?

PN2

MR WAINWRIGHT: Yes, Commissioner.

PN3

THE COMMISSIONER: Yes, good. Thanks.

PN4

MR WAINWRIGHT: Well, Commissioner, we would simply assert that the application meets the requirements of the Act. It has been lodged within the 21 day prescribed period and we seek that the application - that the agreement be certified and I would be happy to answer any questions you might have.

PN5

THE COMMISSIONER: Yes, thanks. I note that there are four employees covered. Does the union have at least one member employed by the business?

PN6

MR WAINWRIGHT: We do.

PN7

THE COMMISSIONER: Is the union entitled to represent the industrial interests of that member?

PN8

MR WAINWRIGHT: Yes, Commissioner.

PN9

THE COMMISSIONER: Was the agreement approved by a valid majority of the employees?

PN10

MR WAINWRIGHT: It was.

PN11

THE COMMISSIONER: Yes. Do you know what the process was?

PN12

MR WAINWRIGHT: Well, I think in relation to this company the four employees actually met in our office and all four were in agreement with the provisions of the CBA.

PN13

THE COMMISSIONER: Good. And did the company take reasonable steps to ensure that at least 14 days before approval was given employees had access to a written copy of the agreement?

PN14

MR WAINWRIGHT: Yes, Commissioner.

PN15

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

PN16

MR WAINWRIGHT: That is correct.

PN17

THE COMMISSIONER: Yes. I note that the dispute resolution clause at clause 9 contains capacity for matters to be referred to this Commission or to the Disputes Board by agreement. Clause 6 gives the term of the agreement as 1 December 1999 to 30 November 2002. It doesn't end a bargaining period, does it, Mr Wainwright?

PN18

MR WAINWRIGHT: No, Commissioner.

PN19

THE COMMISSIONER: No. And for the purposes of the no disadvantage test in section 170XA I note that clause 11 as regards rates of pay and clauses 12, 13 and 14 as to allowances; clause 15 as to hours of work and clause 24 as to income and trauma protection, all appear to be advantages and I couldn't see any apparent disadvantages. Does that sound right to you?

PN20

MR WAINWRIGHT: Yes, Commissioner.

PN21

THE COMMISSIONER: Yes. Good, then. Well, I am satisfied in regard to the CFMEU and Aluco Tech Collective Bargaining Agreement 1999-2002 that all the requisite statutory obligations have been fulfilled and that this agreement should be certified and I do certify it today, 1 May 2002, and the certificate will be issued shortly.

ADJOURNED INDEFINITELY [3.00pm]