AG2004/5597, Transcript of Proceedings [2004] AIRCTrans 3461 (2 September 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 8267

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

AG2004/5597

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Monds and Affleck for certification of
Monds and Affleck Stockfeed Mill Enterprise
Agreement 2004

MELBOURNE

10.03 AM, MONDAY, 23 AUGUST 2004

THESE PROCEEDINGS WERE CONDUCTED BY VIDEO LINK AND RECORDED IN MELBOURNE

PN1

MR D. STEVENS: I appear on behalf of the National Union of Workers.

PN2

MS J. DOLAN: I appear on behalf of Monds and Affleck, the Agribusiness Employers Federation.

PN3

THE DEPUTY PRESIDENT: Thank you very much. Who would like to start?

PN4

MR STEVENS: Your Honour, if I may, I have been asked to go first. Whilst this is an application by Monds and Affleck for the certification of the agreement that is before you, from the National Union of Workers' point of view we would seek certification. The agreement has met the prescribed 21 days since the application - or within the timeframe of the vote which was taken on 21 July. The agreement provides - there is no changes to the agreement in relation to any disadvantage in terms of safety net provisions. The agreement was approved by a valid majority of employees on 21 July of this year.

PN5

The agreement has a dispute settling clause at - it actually covers six employees, your Honour. It is underpinned by the Milling Industry Award. And the agreement has a procedure for settling disputes at clause 18. And it has a date of completion of 30 November 2005. Your Honour, we would say that there is no reason why the agreement ought not be certified and, on the basis of the statutory declaration before you both from ourselves and from the company, we would seek that the agreement be certified.

PN6

THE DEPUTY PRESIDENT: Thank you very much.

PN7

MR STEVENS: Your Honour, if there is no questions.

PN8

THE DEPUTY PRESIDENT: No. Thank you. Ms Dolan.

PN9

MS DOLAN: Yes, your Honour, the employer is in agreeance with the National Union of Workers. We have no objection to this agreement being certified.

PN10

THE DEPUTY PRESIDENT: One point, Ms Dolan, the employer's statutory declaration does not indicate whether the agreement was made with a valid majority.

PN11

MS DOLAN: Yes, your Honour, I have noted that there seems to be on the statutory declaration indeed that omission as you say. It says in the statutory declaration at clause 6.4, it is actually written out that it was approved with a valid majority of employees but in terms of the statutory declaration and the box being ticked, the appropriate 6.1, indeed that has not been ticked but it was approved by a valid majority.

PN12

THE DEPUTY PRESIDENT: Thank you very much. Excellent. On the basis of the submissions put today and the documents filed, I certify the agreement as sought. A certificate will be forwarded today. Thank you very much.

PN13

MR STEVENS: Thank you.

ADJOURNED INDEFINITELY [10.06am]