AG2004/6622, Transcript of Proceedings [2004] AIRCTrans 3390 (30 August 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 11002

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2004/6622

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Transport Workers Union of Australia and
Another for certification of Linfox TWU
Smorgon Steel Distribution Westall Enterprise
Agreement 2004

MELBOURNE

11.01 AM, WEDNESDAY, 18 AUGUST 2004

PN1

THE COMMISSIONER: Yes, I know Ms Doody appears for the TWU and Mr North appears for Linfox. Ms Doody.

PN2

MS P. DOODY: Thank you, Commissioner. If the Commission pleases, this is an application made under division 2 of part VIB of the Workplace Relations Act 1996 for the certification of an agreement pursuant to section 170LJ of that Act. All of the requirements of the Act, regulation and rules of the Commission have been met in the making of this agreement except in relation to section 170LM which requires that an application to certify the agreement be made within 21 days of the agreement's approval by a valid majority.

PN3

The agreement was approved on 14 July 2004 but was not filed with the Registry until 10 August 2004, making it approximately six days out of time. The delay was primarily due to myself being on leave at the time the union received the documentation and, therefore, it did sit in my office until I returned. I have been instructed that there has been no material or significant change in the composition of the workforce between the day of its approval by a valid majority and the date the agreement was filed with the Commission. On this basis, we would seek the - exercise its discretion under section 111(1)(r) to extend the prescribed time limits.

PN4

The agreement meets the requirements of section 170LT of the Act in that it passes the no disadvantage test. It was genuinely approved by a valid majority of relevant employees. The terms of the agreement were appropriately explained to those employees. It contains a dispute settlement procedure at clause 20 of the agreement and contains a nominal expiry date of three years from the date of certification at clause 4 of the agreement.

PN5

In relation to the no disadvantage test, the agreement is under-pinned by the Transport Workers Award 1998. Unless there are any further questions, Commissioner, we are seeking that the agreement be certified from today's date in the terms sought. Thank you.

PN6

THE COMMISSIONER: Thank you, Ms Doody. Do you support all of that, Mr North?

PN7

MR P. NORTH: Yes, I do, Commissioner.

PN8

THE COMMISSIONER: Thank you. Well, on this occasion I will extend the time for filing. The agreement between Linfox and the TWU to be known as the Linfox TWU (Smorgon Steel Distribution Westall) Enterprise Agreement 2004 is pursuant to section 170LT of the Workplace Relations Act certified. The agreement comes into force from today's date, 18 August 2004, and remains in force until 18 August 2007. The matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [11.04am]