AG2004/6585, Transcript of Proceedings [2004] AIRCTrans 3486 (2 September 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 8306
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2004/6585

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of
the Act by Scania Australia Pty
Limited and Another for certification
of the Scania Australia Pty Limited,
Brisbane Branch, After Sales Department
Certified Agreement 2004-2007

MELBOURNE

1.13 PM, TUESDAY, 24 AUGUST 2004

PN1

MS J. WATLING: I appear for the Australian Industry Group on behalf of Scania Australia Pty Limited.

PN2

MS S. SCHLESINGER: I am from the Australian Manufacturing Workers' Union, Vehicle Division.

PN3

THE SENIOR DEPUTY PRESIDENT: Ms Watling.

PN4

MS WATLING: Thank you, your Honour. Your Honour, this is an application made under Division 2 of Part VIB of the Act for Certification of an agreement made in accordance with section 170LJ. The terms of the agreement were reached between the company and the AMWU, the Vehicle Division. The parties have prepared statutory declarations which the parties believe meet all the requirements of the Act, regulations and rules of the Commission. The parties further submit that all the requirements of section 170LJ and section 170LT have been met, namely the agreement the parties submit does not disadvantage the employees covered by it. A valid majority of employees employed at the time approved the agreement on 16.7.2004.

PN5

Access to the agreement and an explanation of the terms of the agreement occurred in accordance with the requirements of section 170LR and were appropriate, having regard to the particular circumstances of the employees covered by the agreement. It contains a disputes settlement procedure at clause 9 of the agreement and the period of operation of the agreement is set out in clause 6 where it is stated that the agreement will expire on 8 May 2006. The parties, therefore, request the Commission certify the agreement in the terms sought. If the Commission pleases.

PN6

THE SENIOR DEPUTY PRESIDENT: The grievance procedure, at clause 9, says that if the matter is still not resolved it may be submitted to the Australian Industrial Relations Commission in accordance with the Workplace Relations Act or other appropriate body provided for by Federal or State legislation. What is the Commission to do once it has it submitted to it?

PN7

MS WATLING: My instructions is the Commission's role is for conciliation of the dispute or the grievance.

PN8

THE SENIOR DEPUTY PRESIDENT: And in clause 12 it says:

PN9

Right of entry to company premises at 149 Archerfield Road, Richlands, Queensland will only be granted to representatives of the Queensland Branch of the AMWU, Vehicle Division who hold right of entry cards signed by the Federal Secretary of the AMWU and provided that reasonable notice is given to the company.

PN10

Is that intended to preclude other unions from entering if they have rights under the Act?

PN11

MS WATLING: Thank you, your Honour. I haven't been instructed today, your Honour. I could confer with the company and provide you with a written response.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. Ms Schlesinger.

PN13

MS SCHLESINGER: Your Honour, the union supports the submissions that have been made on behalf of the company in respect of the dispute resolution procedure; should any dispute come to the Commission that would be for conciliation and/or arbitration, if it could not be resolved. And, in respect of the right of entry, clearly other parties have rights under the Act. They will be argued before the Commission. At this point the membership at that company is with the AMWU, Vehicle Division and we have properly been authorised to be their agents to negotiate on their behalf and to represent them. We would ask that the agreement be made effective from today's date.

PN14

THE SENIOR DEPUTY PRESIDENT: Ms Watling, Ms Schlesinger has told me something different about the operation of the grievance clause from what you suggested?

PN15

MS WATLING: It was my instructions that it was the conciliation under this agreement.

PN16

THE SENIOR DEPUTY PRESIDENT: What I will do is I will adjourn this matter so you can clarify those issues and it will be re-listed at a future date. You should also clarify the right of entry provisions.

ADJOURNED INDEFINITELY [1.19pm]