AG2004/6053, Transcript of Proceedings [2004] AIRCTrans 3435 (31 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 8338

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

AG2004/4252
AG2004/6053

LAROCCA ENTERPRISES PTY
LTD T/AS LAROCCA SIGN
SERVICES AND CFMEU BUILDING
AND CONSTRUCTION INDUSTRY
COLLECTIVE BARGAINING AGREEMENT
2002-2005

CFMEU AND BREMORE ENGINEERING
PERTH RIVERINA AND MURRAY
REGIONAL AREA COLLECTIVE
BARGAINING AGREEMENT 2002-2005

Applications under section 170LJ of the Act
to certify the above agreements

MELBOURNE

2.24 PM, 16 AUGUST, 2004

PN1

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

PN2

THE VICE PRESIDENT: Thank you.

PN3

MR WAINWRIGHT: Your Honour, if I could begin with one of the matters that has been lodged out of time, it is - - -

PN4

THE VICE PRESIDENT: Am I right in thinking that there are - - -

PN5

MR WAINWRIGHT: Two.

PN6

THE VICE PRESIDENT: Yes. What is the second one. There is AG4252, that is 486 days out of time.

PN7

MR WAINWRIGHT: Yes, yes. That is Larocca Enterprises and the other one, your Honour, is AG2004/6053.

PN8

THE VICE PRESIDENT: I don't think that is the one we called on at 2 o'clock.

PN9

MR WAINWRIGHT: It is listed here at 2 o'clock, your Honour. It is the CFMEU and Bremore Engineering Perth.

PN10

THE VICE PRESIDENT: Yes, I see it, I am sorry. And that is out of time by 3 weeks.

PN11

MR WAINWRIGHT: Yes.

PN12

THE VICE PRESIDENT: Yes, what do you want to say about those?

PN13

MR WAINWRIGHT: Your Honour, in relation to the Larocca agreements, the reason for the delay, your Honour, is that the company, as you will note from the statutory declaration, did not complete either their statutory declaration or sign the agreement until July of this year after have a vote of the two employees last year. Your Honour, in relation to that I have spoken to Vince Larocca, the director of the company today, and he has assured me that the workforce is unchanged over that period and that the workforce still seeks to have the agreement certified and the reason for the delay is obviously just that he hadn't completed the paperwork and I would seek to hand up a statutory declaration to that effect.

PN14

THE VICE PRESIDENT: Well, given the length of the delay in that case, what I will be seeking is a statutory declaration from someone who is able to confirm the relevant facts that the two employees have taken a vote - a further vote in relation to the agreement and that they approve its terms and certification. That can be done by an organiser visiting or however you want to do it, but it seems to me that a period of nearly a year and a half is too long to go on the basis of a bar table statement.

PN15

MR WAINWRIGHT: Well, it seems that way to us as well, your Honour, and we have been obviously - - -

PN16

THE VICE PRESIDENT: I am not apportioning blame, Mr Wainwright, it is just I want to be satisfied that the employees still support the agreement.

PN17

MR WAINWRIGHT: Yes, I understand that, your Honour.

PN18

THE VICE PRESIDENT: And you are only relying on what the employee has told you.

PN19

MR WAINWRIGHT: Yes, but in saying that I probably also need the employees assistance to be able to track down the two employees. They are obviously not sitting in a fixed workplace, so in order to get instructions from those employees we need to know where they are, and this employer has proved difficult to locate over the last 12 months, leading to the very problem before you today.

PN20

THE VICE PRESIDENT: But you have obviously been in touch with him recently?

PN21

MR WAINWRIGHT: I have been in touch with him on the mobile phone today, your Honour.

PN22

THE VICE PRESIDENT: Yes.

PN23

MR WAINWRIGHT: And I have said to him, well the matter is before the Commission and obviously you have received a listing and asked him if he was intending to come, and he wasn't. I am just pointing out to your Honour that I foresee some difficulties in the course of events you are suggesting.

PN24

THE VICE PRESIDENT: Well, if there are, then you can notify a dispute and summons, Mr Larocca and I will hear what he has to say then. You might point out to him that that is the course the matter might go down. He can be summoned to attend a compulsory conference or some other cohesive process and it would be easier for all concerned if he provided you with information about where you could locate the two employees so you could ascertain for yourself and are able to swear to the fact that they do vote in favour of the terms of the agreement and having it certified.

PN25

MR WAINWRIGHT: Your Honour, I hear what you say. We shall attempt to do that.

PN26

THE VICE PRESIDENT: What do you want to say about the other one?

PN27

MR WAINWRIGHT: Well, the other one, I have no instructions to put to you. I have been unable to locate this employer at all, as I understand it, they are based in Western Australia. What I would seek to do in relation to this application, your Honour, is first of all review the file that the Commission has - - -

PN28

THE VICE PRESIDENT: Certainly.

PN29

MR WAINWRIGHT: And to have the matter adjourned for at least a week to enable me to try and get some instructions from the employer and what I would seek to do is to put information to you, similar to what I have put to you in the last matter, which I hope would satisfy you in relation to this briefer - - -

PN30

THE VICE PRESIDENT: Well, it is only 3 weeks out of time, as opposed to 18 months.

PN31

MR WAINWRIGHT: Yes.

PN32

THE VICE PRESIDENT: Well, I will relist that matter, AG2004/6053 for 1.45 next Tuesday. In relation to AG2004/4252, if you can advise me within 14 days as to what further action you wish to take in relation to that matter, if I don't hear from you in that time I will assume that the application has been withdrawn and the file will be closed.

ADJOURNED ACCORDINGLY [2.28pm]