AG2004/6596, Transcript of Proceedings [2004] AIRCTrans 3537 (6 September 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 11042

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LLOYD

AG2004/6596
AG2004/6608
AG2004/6619
AG2004/6793
AG2004/6834
AG2004/6910

HOLMESGLEN INSTITUTE OF TAFE
AGREEMENT (PACCT STAFF) 2004

CHISHOLM INSTITUTE OF TAFE PACCT
STAFF CERTIFIED AGREEMENT 2004

KANGAN BATMAN INSTITUTE OF TAFE
PACCT STAFF CERTIFIED AGREEMENT 2004

NORTHERN MELBOURNE INSTITUTE OF
TAFE PROFESSIONAL ADMINISTRATIVE
CLERICAL COMPUTING AND TECHNICAL
STAFF AGREEMENT 2004

GORDON INSTITUTE OF TAFE PACCT
STAFF CERTIFIED AGREEMENT NO 3 2004

BENDIGO REGIONAL INSTITUTE
OF TAFE PACCT CERTIFIED
AGREEMENT 2004

Applications under section 170LJ of the Act
for certification of various agreements

MELBOURNE

10.10 AM, THURSDAY, 26 AUGUST 2004

AG2004/6596

HOLMESGLEN INSTITUTE OF TAFE AGREEMENT
(PACCT STAFF) 2004

PN1

MR J. ANDREWS: I appear on behalf of the Victorian TAFE Association for Holmesglen Institute of TAFE.

PN2

MS J. BOURKE: I appear on behalf of the National Tertiary Education Union for all the applications.

PN3

MR ANDREWS: Your Honour, I seek certification of the agreement titled: the Holmesglen Institute of TAFE Agreement PACCT Staff 2004. The agreement covers 426 professional, administrative, clerical, computing, technical or PACCT staff of the Institute. The agreement was approved by a valid majority of the staff on 22 July 2004. The information process was undertaken prior to the ballot being conducted were in accordance with the Workplace Relations Act 1996 and are detailed in clauses 6.4 to 6.7 of the statutory declaration form R28.

PN4

The agreement passes the no disadvantage test as outlined in clause 7.3 of the statutory declaration. The agreement is a repeat of the existing certified agreement except that it provides for a 3 per cent increase in salaries. This is outlined in clause 9 and schedule 1 of the agreement and provides for discussions regarding a proposed new classification structure and this is as outlined in clause 5 of the agreement. The agreement has a nominal expiry date of 12 months from the date of certification, therefore if the agreement is certified today, the agreement nominal expiry date will be 26 August 2005.

PN5

The agreement contains a dispute settlement procedure in clause 8 and this is consistent with section 170LT(8) of the Act. The agreement concludes a bargaining period which is BP2554 of 2004 and that is contained in clause 7.8 of the statutory declaration. In summary, we believe that the agreement satisfies the requirements of section 170LT of the Act and we seek certification of the agreement today, if the Commission pleases.

PN6

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Andrews. Ms Bourke?

PN7

MS BOURKE: Yes, if the Commission pleases. The NTEU agrees that the Holmesglen Agreement satisfies the requirement of the Workplace Relations Act as per our statutory declaration.

PN8

THE SENIOR DEPUTY PRESIDENT: I just have one question about the documents. The question that goes to establishing the intention of the parties and the matters that I will take into account in regard to this. I would like to take you to clause 8.2(iii) and it states there that the dispute resolution committee will be formed of two representatives from the local branch of the NTEU. I would just be interested in your views as to how that ensures that the interests of employees who are not trade union members are taken into account in the freedom of association provisions are satisfied?

PN9

MS BOURKE: Yes, well, there is an extra line there that says the local branch of the NTEU must be acceptable to the employees. This is a union institute agreement and as such the parties to the agreement are the NTEU and the employer, so I think it does meet the requirements of 298K in it, the Freedom of Association requirements in the Workplace Relations Act. So in our view, it does meet the freedom of association part of the Workplace Relations Act.

PN10

THE SENIOR DEPUTY PRESIDENT: Okay. Mr Anderson, do you have a view on that?

PN11

MR ANDREWS: Your Honour, I can add that this particular course has not changed from the previous agreement that was certified, so if that helps in resolution of this particular question.

PN12

THE SENIOR DEPUTY PRESIDENT: Okay, thank you for clarification and I particularly note that the next line talks about: It must be acceptable to the employee. So on that basis, I can advise the parties that I am satisfied that the agreement has been reached through a process which is consistent with that set out in section 170LJ of the Act. I can also advise that I consider that the agreement meets the prerequisites for certification in accordance with section 170LT and section 170LU of the Act. And I will certify the agreement with effect from today and I will issue the certificate today.

AG2004/6608

CHISHOLM INSTITUTE OF TAFE PACCT STAFF
CERTIFIED AGREEMENT 2004

PN13

MR R. GRIEG: Representing the Chisholm Institute of TAFE.

PN14

MS J. BOURKE: I appear on behalf of the NTEU.

PN15

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN16

MR GRIEG: Your Honour, we are here today seeking certification the agreement titled: Chisholm Institute of TAFE PACCT Staff Certified Agreement 2004. The agreement covers 382 PACCT staff of the Chisholm Institute of TAFE. The agreement was approved by a valid majority of staff on 2 August 2004. The information process was undertaken prior to the ballot being conducted were in accordance with the Workplace Relations Act 1996 and are detailed in clauses 6.4 to 6.7 of the statutory declaration form R28. The agreement passes the no disadvantage test as outlined at clause 7.3 of the statutory declaration.

PN17

The agreement provides for a 3 per cent increase in salaries inclusive of any safety net adjustments that may occur during its life. The agreement is essentially a replica of the existing agreement providing a wage increase for the commitment to finalise a proposal to introduce a new classification structure which is detailed at clause 30. The agreement has a nominal expiry date of 12 months from the date of certification therefore if it is certified today that would make the expiry date 26 August 2005.

PN18

The agreement contains a dispute avoidance and resolution procedure at clause 16 consistent with requirements of the Act and it concludes a bargaining period BP2004/2558 which is confirmed at point 7.8 of the statutory declaration. In summary, your Honour, we believe that the agreement satisfies the requirements of section 170LT of the Workplace Relations Act 1996 and we seek certification of the agreement today, if the Commission pleases.

PN19

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Grieg. Ms Bourke?

PN20

MS BOURKE: Yes. The NTEU agrees that the Chisholm Agreement satisfies the requirement of the Workplace Relations Act and as per our statutory declaration.

PN21

THE SENIOR DEPUTY PRESIDENT: I have some questions on this document. The questions go to establishing the intention of the parties and the matters I will take into account. I initially refer you to clause 11 which is the "Mode of Employment", which refers to the institute policy and says that the employment will be in accordance with that policy. I would just like to ask, is the policy documented and do employees have ready access to that?

PN22

MR GRIEG: Yes, the policies are all freely available on the institute's internet system and staff access them regular.

PN23

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Grieg. Well, now I would like to take you to clause 15.3 and it concerns the induction of employees. Can you assure me that during the induction process that a freedom of association requirements will be met and that persons will understand they are entitled to choose not to be a member of the union?

PN24

MR GRIEG: The induction processes at the institute are held on a need to be basis. There is no requirement - sorry, there is a requirement of the staff to attend the induction processes and the union is invited but they are certainly not required to join the union and they are not pressured to during the induction process.

PN25

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Grieg. Now, I take you to clause 16.2.2, this again relates to the dispute resolution committee where there is two nominees of the union unlike the previous clause, which I think had words like: to the satisfaction of the employees. No such words there. Can you again, give me an undertaking that that clause will operate in a way which does not infringe the freedom of association provisions of the Act and the rights of an employee who may be involved in the dispute who is not a member of the union?

PN26

MS BOURKE: Well, as I pointed out before Commissioner, these agreements are between two parties, between the NTEU and the institute, so if there's a matter that - there is a discipline process that is separate to the dispute resolution process, so this is a dispute about matters contained, as you know, within this Enterprise Agreement or Award matters and the representation of those disputes are carried out by the two parties to this agreement which is the institute and the union but in no way infringes the freedom of association provisions.

PN27

THE SENIOR DEPUTY PRESIDENT: So are you saying that the committee would undertake to comply the freedom of association provisions in the legislation?

PN28

MS BOURKE: Yes, yes. Even with respect, if the Commission pleases, even in the provisions of the consultative committee that operates in all of these agreements. The representatives on those consultative committees are actually representing all PACCT staff not just union members.

PN29

THE SENIOR DEPUTY PRESIDENT: Mr Grieg, I would like to take you to your attached document, which is form 28, rule 48 document, statutory declaration. If I can take you to the last page of that. In the third last box from the bottom, you have answered "yes" to a Board of Reference being specified but I can't find that in the actual agreement.

PN30

MR GRIEG: Yes, your Honour, there is some confusion when we were completing the form in that clause. It is my interpretation of our dispute resolution procedure that it doesn't say that specifically but it was my understanding that the Commission had that power anyway, so we weren't quite sure how to complete the form.

PN31

THE SENIOR DEPUTY PRESIDENT: The union has answered "no" I think, in their box. Okay, I will accept that explanation. I've got no other questions, so on that basis I can advise the parties that I am satisfied that the agreement was reached through a process consistent with that set out in 170LJ of the Act. I can also advise that I consider that the agreements meets the necessary prerequisites for certification in accordance with sections 170LT and section 170LU of the Act. I will certify the agreement with effect from today and issue the certificate today.

AG2004/6619

KANGAN BATMAN INSTITUTE OF TAFE
PACCT STAFF CERTIFIED AGREEMENT 2004

PN32

MR J. ANDREWS: I appear for the Victorian TAFE Association for the Kangan Batman Institute of TAFE.

PN33

MS J. BOURKE: I appear on behalf of the NTEU.

PN34

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Andrews?

PN35

MR ANDREWS: Your Honour, I seek certification of the agreement titled: Kangan Batman Institute of TAFE PACCT Staff Certified Agreement 2004. The agreement covers 451 professional, administrative, clerical, computing and technical or PACCT staff of the Institute. The agreement was approved by a valid majority of the staff on 2 August 2004. The information process was undertaken prior to the ballot being conducted were in accordance with the Workplace Relations Act 1996 and are detailed at clauses 6.4 to 6.7 of the statutory declaration form R28.

PN36

The agreement passes the no disadvantage test as outlined in clauses 7.3 and 7.4 of the statutory declaration. The agreement is basically a repeat of the existing certified agreement except that as outlined in clause 8, schedule A of the agreement provides for a 3 per cent increase in salaries and also provides for discussions regarding a new classification structure as outline in clause 21. The agreement has a nominal expiry date of 12 months from the date of certification therefore if the agreement is certified today the nominal expiry date will be 26 August 2005.

PN37

The agreement contains a dispute settlement procedure at clause 19 consistent with the requirements of the Act. The agreement concludes a bargaining period which is 2553 of 2004 and this is confirmed in clause 7.8 of the statutory declaration. In summary, we believe that the agreement satisfies the requirements of section 170LT of the Act and we seek certification of the agreement today, if the Commission pleases.

PN38

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN39

MS BOURKE: If the Commission pleases, the National Tertiary Education Union agrees with that the Kangan Batman agreement has satisfied the requirements of the Workplace Relations Act as per our statutory declaration.

PN40

THE SENIOR DEPUTY PRESIDENT: I have some questions again to clarify the intention of the parties particularly going first off to the statutory declaration. On the second last page and I think it's both stat decs under box 7.4 there's a listing of a number of clauses there. Can you just clarify to me what is actually being stated in that box, 7.4?

PN41

MR ANDREWS: Yes, sir. The boxes are filled in because they are a repeat of the same clauses - exact same clauses that were quoted in the statutory declaration for the certification of the existing agreement and therefore that the preliminary - sorry, the primary point is in clause 7.3 that there is no overall reduction in the terms and conditions of employees. There is nothing new in this proposed new agreement that alters what was in the previous agreement which was certified, other than the two new points that I mentioned in terms of the salary increase and the commitment to look at a proposed new structure. So it is just the way that the form is completed.

PN42

THE SENIOR DEPUTY PRESIDENT: 7.4 seems to presume that there's a reduction in the terms and conditions and then allows you to later on say that on balance other clauses would not result in an overall reduction. Is there any - can you clarify what is meant by what is listed there?

PN43

MR ANDREWS: Yes. I could clarify that it is probably some confusion over the interpretation of the question. The best way to describe the intention of the institute, and you could check with my friend, is that there are no overall reductions in entitlements by this agreement as far as we are concerned.

PN44

MS BOURKE: Yes, the NTEU can confirm that there are no overall reductions in the terms and conditions of this agreement, if the Commission pleases.

PN45

THE SENIOR DEPUTY PRESIDENT: Okay, thank you. Again, I take you to a clause in the agreement, 19.2.2 which again is the dispute resolution clause in establishment of a committee of two staff nominees. In a dispute resolution clause which at 19.2.1 contemplates that there can be a dispute between staff, involving a staff member. Again, can I have the views of the parties as to some comfort or assurance that this will not infringe the freedom of association provisions of the legislation particularly if there is a dispute involving a non-union member?

PN46

MS BOURKE: Again, we can confirm that it doesn't contravene the freedom of association laws and also that the agreement covers all PACCT staff and again, all PACCT staff will be represented. The agreement covers all PACCT staff whether they are union members or not and that the agreement is between the two parties but covers all PACCT staff whether they are union members or not. So again, if there is a dispute, and they are a union member, they will be represented.

PN47

THE SENIOR DEPUTY PRESIDENT: Not if they're a non-union member?

PN48

MS BOURKE: They will still be - they will be represented by the dispute resolution clause.

PN49

THE SENIOR DEPUTY PRESIDENT: But there would be a committee formed of two managements and two union people, is that right?

PN50

MS BOURKE: That is right.

PN51

THE SENIOR DEPUTY PRESIDENT: How would there be an assurance that the interests of the non-union member in that dispute would be looked after?

PN52

MS BOURKE: Well, again the agreement covers all PACCT staff and if there is a result that is not a good result, I mean, the union covers the careers of all PACCT staff, so it is in the union's interest to ensure that disputes are handled fairly and transparently and in the best interests of all staff.

PN53

THE SENIOR DEPUTY PRESIDENT: So would that committee have regard to ensuring the it complies with the freedom of association provisions and the legislation?

PN54

MS BOURKE: Yes, yes.

PN55

THE SENIOR DEPUTY PRESIDENT: I have no further questions, so on that basis I can advise the parties that I am satisfied that agreement was reached through a process consistent with that set out in the section 170LJ of the Act. I can also advise that I consider the agreements meets the necessary prerequisites for certification in accordance with sections 170LT and 170LU of the Act. I will certify the agreement with effect from today and issue the certificate today.

AG2004/6793

NORTHERN MELBOURNE INSTITUTE OF
TAFE PROFESSIONAL ADMINISTRATIVE
CLERICAL COMPUTING AND TECHNICAL
STAFF AGREEMENT 2004

PN56

MS J. DREVER: I appear on behalf of the council of the Northern Melbourne Institute of TAFE.

PN57

MS J. BOURKE: I appear for the National Tertiary Education Union.

PN58

THE SENIOR DEPUTY PRESIDENT: Ms Drever?

PN59

MS DREVER: Your Honour, the agreement has been negotiated between NMIT and the National Tertiary Education Industry Union. NMIT PACCT staff were kept advised of progress of the agreement by memo and email. On 14 July, staff were notified that the agreement had been signed by NMIT and the union. Copies of the agreement were made available for staff through their organisational units and it was placed on the NMIT Intranet. A staff meeting was held on 22 July, to explain the agreement. NMIT, has 275 PACCT staff. All PACCT staff were given the opportunity to cast a vote and as a result of that ballot, the agreement was approved by a valid majority of employees. The actual vote was 132, nil against.

PN60

The NMIT PACCT Staff Agreement 2004, replicates the 2000 certified agreement with the exception of clause 7: Period of the Agreement. This agreement will operate for 12 months from the date of certification in lieu of previous 3 year agreements. This is to allow for consultation to finalise arrangements for the proposed implementation of the award classification structure into the certified agreement entered into at the conclusion of this agreement. That is referred to at 19.14. Clause 11, the wage increases to be increased by 3 per cent from 20 May 2004, as indicated in column 2, of schedule 1, attached to the agreement. An inclusion of a paragraph covering junior rates, however, NMIT, does not have any employees employed under junior rates.

PN61

Clause 12: Remuneration Packaging. This clause has been amended from 70 per cent minimum salary to 50 per cent minimum salary component. This change resulted from requests from staff to enable additional contributions to superannuation. Clause 20: Occupational Health and Safety. The removal of paragraph relating to the National Safety Council of Australia. NMIT, is no longer in association with the NSCA. Schedule 1, is the classification pay rates. In relation to the dispute resolution procedures, which is clause 23, I would like to clarify that NMIT, says the Commission, using both its conciliation and arbitration powers in the resolution of disputes. It is my belief that all the legislative requirements for certification of this LJ agreement under the Workplace Relations Act, have been met and I request your Honour, certifies the agreement before you.

PN62

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Drever. Ms Bourke?

PN63

MS BOURKE: If the Commission pleases, the National Tertiary Education Union, agrees that the Northern Melbourne Institute of TAFE agreement, satisfies all the requirements of the Workplace Relations Act, as per our statutory declaration.

PN64

THE SENIOR DEPUTY PRESIDENT: I have some questions about the document which go to establishing the intention of the parties and the matters I need to take into account. Firstly, I take you to clause 21.2, of the agreement. There, you refer to 4 weeks annual leave, I think that, perhaps, should be 8 weeks? In the other agreements, I think you will find that the counterpart clause is 8 weeks. Am I right? Could you clarify that for me?

PN65

MS BOURKE: Well, under our PACCT award, annual leave is 4 weeks leave and they actually go onto a time fraction of 48/52, time fraction, so it is actually 4 - in effect, it is 4 weeks, without pay in effect, but their pay is over a 52 weeks period, so they actually reduce their time fraction.

PN66

THE SENIOR DEPUTY PRESIDENT: I think you will find in the other agreements, the similar clause refers to 8 weeks, in the other agreements. You might just - - -

PN67

MS BOURKE: Yes.

PN68

MS DREVER: Well, all I can answer there is that this is totally a replica of the previous agreement and that just hasn't been changed.

PN69

MS BOURKE: No, this hasn't been challenged before.

PN70

MS DREVER: It hasn't been challenged before, yes.

PN71

MS BOURKE: Certainly, I suppose - the other agreements probably say 8 weeks leave.

PN72

MS DREVER: Where as, we are saying 4 weeks annual leave.

PN73

MS BOURKE: Yes, that is right.

PN74

THE SENIOR DEPUTY PRESIDENT: Okay. Well, thank you for clarifying that. I would like to go to clause 14.1. This is a similar issue raised in one of the earlier applications about the provision of an application form at the induction stage. Can you elucidate for me just how that will operate in a matter to ensure that the freedom of association requirements of the Act, are observed and that an employee understands they have a right not to join the union?

PN75

MS DREVER: It is part of our induction process. They get an induction - or they get an induction plus an induction package. The application form is in that induction package, along with a lot of other forms and things, but they are also told that there is a union but they do not have to be part of it. But we do provide them with the paperwork if they want it and it is - yes, we don't, sort of, make them sign it but the paperwork is made available for them.

PN76

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Drever. I now take you to clause 19.10, where this deals with classification process and appeals under that, which I presume, given 19.8, appeals can be brought by staff members. Again, can you just advise me as to how the interests of non union members in an appeal would be protected, when, under 19.10, the committee there to review that, will be formed of two union nominees?

PN77

MS BOURKE: Well, again, the agreement is between the two parties, the institute and the union and covers all PACCT staff, whether they are a union member or not, as does the appeals process. If a PACCT staff member, whether they are a union member or not, the appeal process - they have a right to go to the appeals process, whether they are a union member or not and would be represented in the best possible way. It is in the interests of PACCT staff to ensure that classifications are fairly classified and that appeals are handled in a fair and transparent manner.

PN78

THE SENIOR DEPUTY PRESIDENT: So in this case, if the individual is a non union member, they have no capacity to nominate other people? They have to take the nominees of the union?

PN79

MS BOURKE: That is for an appeals process, but they could have a representative there, but the appeals process is determined by two members of the institute and two union members. The two institute employees may not be union members. So it does not contravene the freedom of association provisions, as this agreement covers all PACCT staff.

PN80

THE SENIOR DEPUTY PRESIDENT: Okay. Moving onto 22.11, where, again, this is dealing with misconduct, etcetera. We, again, encounter the same situation, even though, again, it is to be quite a personal issue involving a single staff member, not a union person. I presume, again, to assure me that that process will have due regard to the freedom of association provisions of the legislation?

PN81

MS DREVER: Yes.

PN82

THE SENIOR DEPUTY PRESIDENT: And similarly, of 23.3?

PN83

MS BOURKE: Yes.

PN84

MS DREVER: Yes.

PN85

THE SENIOR DEPUTY PRESIDENT: Now, on the basis of what I have heard, I can advise the parties that I am satisfied that the agreement was reached through a process consistent with that set out in section 170LJ, of the Act. I can also advise that I consider that the agreement meets the necessary prerequisites for certification in accordance with section 170LT and section 170LU, of the Act. I will certify the agreement with effect from today and issue the certificate today.

AG2004/6834

GORDON INSTITUTE OF TAFE PACCT
STAFF CERTIFIED AGREEMENT NO 3 2004

PN86

MR J. ANDREWS: I am from the Victorian TAFE Association, on behalf of the Gordon Institute of TAFE.

PN87

MS J. BOURKE: I appear on behalf of the National Tertiary Education Union.

PN88

MR ANDREWS: Your Honour, I seek certification of the agreement titled: Gordon Institute of TAFE PACCT Staff Certified Agreement No 3, May 2004. The agreement covers 287 professional, administrative clerical, computing and technical, or PACCT staff, of the institute. The agreement was approved by a valid majority of staff on 12 August, 2004. The information processes undertaken prior to the ballot being conducted were in accordance with the Workplace Relations Act 1996, and are detailed in clauses 6.4 to 6.7, of the statutory declaration, form R28. The agreement passes the no disadvantage test, as outlined in clause 7.3, of the statutory declaration.

PN89

The agreement is a repeat of the existing certified agreement, except, that it provides for a 3 per cent increase in salaries, as outlined in clause 9, schedule 1, of the agreement, and provides for discussions regarding a new classification structure, as outlined in clause 17, of the proposed agreement. The agreement has a nominal expiry date of 12 months, from the date of certification, therefore, if it is certified today, the nominal expiry date will be 26 August, 2005. The agreement contains a dispute settlement procedure, as set out in clause 18, of the agreement, in accordance with the Workplace Relations Act. The agreement includes a bargaining period, which is BP2556 of 2004, and this is confirmed in clause 7.8, of the statutory declaration.

PN90

In summary, we believe that the agreement satisfies the requirements of section 170LT, of the Workplace Relations Act, and we seek its certification today, if the Commission pleases.

PN91

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Andrews. Ms Bourke?

PN92

MS BOURKE: If the Commission pleases, the National Tertiary Education Union, agrees that the Gordon Institute of TAFE enterprise agreement satisfies the requirements of the Workplace Relations Act, as per our statutory declaration.

PN93

THE SENIOR DEPUTY PRESIDENT: Thank you. I have some questions about the agreement that go to establishing the intention of the parties and the matters that I have to take into account. Firstly, I take you to clause 21. There is a reference there to a number of human resource policies of the institute. I would ask you, Mr Andrews, are these policies documented and accessible to the staff?

PN94

MR ANDREWS: Your Honour, yes, the policies documented are document and available to staff.

PN95

THE SENIOR DEPUTY PRESIDENT: I note they won't be changed during the life of the agreement, except by consultation. Do you understand that is your understanding?

PN96

MR ANDREWS: Yes, that is my understanding, sir.

PN97

THE SENIOR DEPUTY PRESIDENT: Once again, like in the previous applications this morning, I draw attention to clause 18.4.4, and a disputes committee with two nominees of the union, and 19.5, another committee, again, with the two nominated union representatives. Ms Bourke, I presume - and Mr Andrews, that your responses will be similar to what you have given previously? So in the interests of time, is that the case?

PN98

MS BOURKE: Yes.

PN99

MR ANDREWS: Yes.

PN100

THE SENIOR DEPUTY PRESIDENT: All right, well, on that basis, I can advise that I am satisfied the agreement was reached through a process consistent with that set out in section 170LJ, of the Act. I can also advise that I consider that the agreement meets the necessary prerequisites for certification in accordance with sections 170LT and 170LU, of the Act. I will certify the agreement with effect from today and issue the certificate today.

AG2004/6910

BENDIGO REGIONAL INSTITUTE
OF TAFE PACCT CERTIFIED
AGREEMENT 2004

PN101

MR J. ANDREWS: I am from the Victorian TAFE Association, on behalf of the Bendigo Regional Institute of TAFE.

PN102

MS. J. BOURKE: I appear on behalf of the National Tertiary Education Union.

PN103

MR ANDREWS: Your Honour, I seek certification of the agreement titled: Bendigo Regional Institute of TAFE PACCT Certified Agreement 2004. The agreement covers 140 professional, administrative, clerical, computing and technical or PACCT staff, of the institute. The agreement was approved by a valid majority of staff on 6 August, 2004. The information processes undertaken prior to the ballot being conducted were in accordance with the Workplace Relations Act 1996, and are detailed in clauses 6.4 to 6.7, of the statutory declaration, form R28. The agreement, we submit, passes the no disadvantage test, as outlined in clauses 7.3 and 7.4, of the statutory declaration.

PN104

The agreement is a repeat of the existing certified agreement, except that it provides for a 3 per cent increase in salaries, as outlined in clause 19 and schedule 1, of the agreement, and provides for discussions regarding a proposed new classification structure, and this is outlined in clause 20, of the agreement. The agreement has a nominal expiry date of 12 months from the date of certification, as detailed in clause 6, of the agreement. We submit that if the agreement is certified today, that would make the nominal expiry date, 26 August, 2005. The agreement contains a disputes settlement procedure, at clause 21, consistent with section 170LT(8), of the Workplace Relations Act.

PN105

The agreement includes a bargaining period, which is BP2548 of 2004, and this is confirmed in clause 7.8, of the statutory declaration. In summary, we believe that the agreement satisfies the requirements of section 170LT, of the Act, and we seek for it to be certified today, if the Commission pleases.

PN106

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Andrews. Ms Bourke?

PN107

MS BOURKE: If the Commission pleases, the National Tertiary Education Union, is satisfied that the Bendigo enterprise agreement satisfies the requirements of the Workplace Relations Act, as per our statutory declaration.

PN108

THE SENIOR DEPUTY PRESIDENT: I have some questions about the document, which go to establishing the intention of the parties and matters that I need to take into account. Could I take you, first, to clause 15.14. I just found that a little bit hard to understand as to what the intention of that clause was, particularly, in reference to 42/52 employment cycles? Can you just clarify what that clause does?

PN109

MS BOURKE: Do you want me to do that Andrew - Jim, I mean? Yes, that is a good provision. It is a family-friendly provision. It is either that you can work - the other provision you saw in the previous agreement was 48/52, this just allows a little bit more flexibility. You can actually work 42 weeks of the year, but have your pay pro rata over 52 weeks of the year, so in effect, you are becoming a fractional employee, but you will, in effect, have leave, including your annual leave of 10 weeks. The 51/52, is similar, that actually provides for an extra week of leave, but you become a fractional employee, as well, added onto your annual leave.

PN110

THE SENIOR DEPUTY PRESIDENT: Right.

PN111

MS BOURKE: So it is just a little bit more flexible than the 48/52.

PN112

THE SENIOR DEPUTY PRESIDENT: Okay, thank you. I now take you to the statutory declaration of the institute. Again, we go to item 7.4, of that, where there is a reference to clause 12, being a reduction, and then, lower down, those other clauses about seven or eight, are listed, can you just explain to me the import of that, please, Mr Andrews?

PN113

MR ANDREWS: Yes I can. There was it seems some confusion over the question asked and the best explanation of it is that those clauses were listed because they were the clauses listed in the statutory declaration for when the previous agreement was certified. For that agreement there was no overall reduction and the agreement was certified on that basis.

PN114

On the basis of this current agreement, the best way to describe it would be to say that we would ask the Commission to take into account that we really mean that 7.3 is the answer in respect of this agreement and that is that there is no overall reduction for staff conditions as a result of this agreement and we would like to stand by that particular item in the statutory declaration.

PN115

THE SENIOR DEPUTY PRESIDENT: Thanks Mr Andrews and I will accept that as how we should regard the documents. Again I will take you to - in the agreement this is - to clause 21.1(d)(iii) which is again the issue of two nominees to the disputes elements committee being from the union. And again in the interests of time I presume, the explanation of the parties is the same as given previously this morning?

PN116

MS BOURKE: Yes.

PN117

THE SENIOR DEPUTY PRESIDENT: Okay, thank you. On that basis, I advise the parties that I am satisfied the agreement was reached through a process consistent with that set out in section 170LJ of the Act. I can also advise that I consider that the agreement meets the necessary prerequisites for certification in accordance with sections 170LT and 170LU of the Act and I will certify the agreement with effect from today and issue the certificate today. I will adjourn now.

ADJOURNED INDEFINITELY [11.09am]