AG2004/5515, Transcript of Proceedings [2004] AIRCTrans 3343 (26 August 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 818

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2004/5515

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act by
Australian Maritime Officers' Union, The -
Western Area and Another for certification of
the Mermaid Marine Vessel Operations Pty Ltd,
Australian Maritime Officers Union Inshore
Agreement 2003

PERTH

4.29 PM, MONDAY, 16 AUGUST 2004

PN1

MR B.M. GEORGE: I appear on behalf of the AMOU and also speaking for Mermaid Marine, where appropriate today.

PN2

THE DEPUTY PRESIDENT: Thank you, Mr George. Please commence.

PN3

MR GEORGE: Thank you, sir. This is an application for a certified agreement under section 170LJ of the Workplace Relations Act. The agreement has been approved by a valid majority of employees and lodged with this Commission in the time frame approved by the Act. The agreement applies to a discrete operation and classification of employees within the Mermaid Marine Vessel Operations operation, specifically to Masters on inshore vessels on jobs of under 12 hours per day. The agreement relies on the Maritime Industry Offshore Oil and Gas Award, as its parent, but operates pro-rata of those conditions as it only operates for jobs of under 12 hours per day. There is no disadvantage - sorry, the no disadvantage test is met on this basis of the conditions being pro-rata of that award.

PN4

All other matters are dealt with in the statutory declarations as supplied to the Commission and a fresh copy of the agreement clarifying the expiry date and references to Mermaid Marine Vessel Operators - sorry, Operations Agreement, as previously requested, has been submitted and the party - sorry, I have today signed an addendum to the agreement clarifying that the AMOU in the signatory page is the Australian Maritime Officers' Union. I submit to any questions.

PN5

THE DEPUTY PRESIDENT: Thank you, Mr George. In relation to the no disadvantage test I wonder if you could confirm that it does indeed, that is the agreement, pass that test as of today's date?

PN6

MR GEORGE: Deputy President, I can confirm that based on the calculations used for the pay rates and the conditions contained in the Inshore Agreement that it does meet the no disadvantage test as of today's date.

PN7

THE DEPUTY PRESIDENT: Thank you. And I wonder if you can confirm for complete clarity for the record the date that the agreement was given to the employees?

PN8

MR GEORGE: Sir, the agreement was - the ballot, sorry, commenced for - on 10 May. The agreement was sent out in April 2004 and the ballot itself closed on 10 July 2004.

PN9

THE DEPUTY PRESIDENT: Are you able to give the date in April that it was sent to the employees?

PN10

MR GEORGE: I think it was the 7th. I did - I'm missing the piece of correspondence I sent to your office but I do believe your associate has a copy, if I may check that?

PN11

THE DEPUTY PRESIDENT: Yes. Thank you very much. It was 7 April.

PN12

MR GEORGE: Thank you.

PN13

THE DEPUTY PRESIDENT: That does indeed answer the question. I have no further questions, so I now turn to the application which is pursuant to Part VIB, Division 2, section 170LJ of the Act to certify an agreement to be known as the Mermaid Marine Vessel Operations Pty Ltd, Australian Maritime Officers Union Inshore Agreement 2003. Having heard Mr B. George on behalf of the Australian Maritime Officers' Union, the AMOU, and also on behalf of Mermaid Marine Vessel Operations Pty Ltd, Mermaid Marine, and having read the statutory declarations filed by Mr B. George on behalf of the AMOU and Mr S. Hughes on behalf of Mermaid Marine I'm satisfied that the agreement filed relates to a constitutional corporation, namely Mermaid Marine Vessel Operations Pty Ltd, ACN 009200686.

PN14

The AMOU has at least one member employed in the part of the single business to which the agreement relates and is entitled to represent the industrial interests of the member. The agreement passes the no disadvantage test, was made in accordance with section 170LJ. A valid majority of persons employed at the time whose employment would be subject to the agreement genuinely approved it. Its explanation of terms was appropriate. It includes procedures for preventing and settling disputes between the employer and employees whose employment would be subject to it and it specifies a nominal expiry date of not more than three years after the date on which the agreement would come into operation.

PN15

There are no reasons set out in section 170LU of the Act why I should refuse to certify it. Thus, the agreement will be certified with effect from 16 August 2004 to operate in accordance with its terms from that date. The formal certificate will issue in due course. I adjourn this hearing.

ADJOURNED INDEFINITELY [4.34pm]