AG2004/2864, Transcript of Proceedings [2004] AIRCTrans 3346 (26 August 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
PO Box A2405 SYDNEY SOUTH NSW 1235
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 13095

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT MARSH

AG2004/2864

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Repco Limited and Another for certification
of the Repco Limited - Motospecs Distribution
and Production Centre - Certified Agreement 2004

SYDNEY

10.34 AM, MONDAY, 16 AUGUST 2004

PN1

MR M. MEAD: I appear for Australian Industry, on behalf of Repco Limited.

PN2

MS S. CARSWELL: I appear on behalf of the Australian Manufacturing Workers Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Who has got carriage of the matter?

PN4

MR MEAD: I do, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: Mr Mead? Thank you.

PN6

MR MEAD: Your Honour, this is an application made under division 2, of Part VIB, of the Act, for certification of an agreement, made under a clause of section 170LJ. Your Honour, the terms of the agreement were reached between the company and AMWU, on behalf of employees covered by the Vehicle Industry, Repair Services and Retail Award. Your Honour, we say that the parties have prepared statutory declarations which we believe meet all the requirements of the Act, rules and regulations of the Commission. We would further submit that all other requirements of section 170LJ and section 170LT, have been met, namely, the agreement, we submit does not disadvantage the employees covered by it. The agreement was approved by a valid majority of employees on 14 July, 2004.

PN7

Access to the agreement and an explanation of the terms of the agreement was appropriate, having regard to the particular circumstances of the employees covered by it. Your Honour, the agreement contains a dispute settlement procedure clause, at clause 12, and the period of operation of the agreement is set out in clause 4, where it is stated that the agreement will expire on 1 March, 2006. On that basis, we therefore request the agreement be certified in the terms sought.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes. I have got to confirm that there is no wage rates in the agreement?

PN9

MR MEAD: I did note that, your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: It is an ongoing concern to members of the Commission, when agreements do not contain actual wage rates, having regard to the statutory requirements that the employees covered by the agreement must understand what they are voting on and I can't be satisfied, when I look at a 3 per cent wage increase, that they do understand what the wage rates, as distinct from the wage increases, are. Have you got the wage rates with you?

PN11

MR MEAD: Unfortunately, I wasn't able to obtain those from the company, your Honour. If it would be at the convenience of the Commission, we could provide an undertaking to supply those wage rates within 7 days, both to the Commission and to the union.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes.

PN13

MR MEAD: For the purpose of the no disadvantage test.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes. I may decide to attach them to the certificate, if that is appropriate. If there is no objection to that?

PN15

MR MEAD: Your Honour, I would just like to foreshadow, and I will receive instructions from the company, whether in fact - - -

PN16

THE SENIOR DEPUTY PRESIDENT: Yes, that is why I am asking you. Otherwise, they will certainly be included on the file, and I can be satisfied that the employees understand the wage rates?

PN17

MR MEAD: Yes, your Honour.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Thank you, Ms Carswell?

PN19

MS CARSWELL: Yes, your Honour. The AMWU, supports the submissions made for the certification of this agreement and request that this occur from today's date, with the agreement expiring on 1 March, 2006. We believe the agreement meets the requirements of the Act and the Commission. Thank you.

PN20

THE SENIOR DEPUTY PRESIDENT: Thank you. Subject to the undertaking given by Mr Mead, I am satisfied that the terms of the agreement meet the requirements of the Workplace Relations Act, governing the certification of 170LJ agreements. In reaching this agreement, I have had regard to the terms of the agreement and the statutory declarations and the submissions made in today's proceedings. Accordingly, in accordance with section 170LT, of the Act, the Commission certifies the agreement.

PN21

It will be known as the Repco Limited - Motospecs Distribution and Production Centre - Certified Agreement 2004. It will come into force from 16 August, 2004, that's today's date, and remain in force until 1 March, 2006. I note that the wage increase, clause 4, has operated from 1 March, 2004. I will await to hear from you, Mr Mead. I will issue the certificate in due course. The Commission stands adjourned.

ADJOURNED INDEFINITELY [10.39am]