AG2004/6631, Transcript of Proceedings [2004] AIRCTrans 3572 (8 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)
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TRANSCRIPT OF PROCEEDINGS


O/N 11061

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

AG2004/6631
AG2004/6806

RAPIDWALL AUSTRALIA MANUFACTURING
AND CFMEU BUILDING AND CONSTRUCTION
INDUSTRY COLLECTIVE BARGAINING
AGREEMENT 2002-2005

NORRIS PLANT HIRE - BLUE CIRCLE
SOUTHERN CEMENT STAGE 2 SITE
AGREEMENT

Applications under section 170LJ of the
Act by the Construction, Forestry, Mining
and Energy Union for certification of the
above agreements

MELBOURNE

10.46 AM, MONDAY, 30 AUGUST 2004

Continued from 23.8.04

PN152

MR R. WAINWRIGHT: I appear for the Construction, Forestry, Mining and Energy Union in both applications.

PN153

THE DEPUTY PRESIDENT: Excellent, thank you for that.

PN154

MR WAINWRIGHT: Your Honour, in relation to matter 6631, the CFMEU seeks to withdraw our application.

PN155

THE DEPUTY PRESIDENT: Right, okay. Well, the - thank you. We will deal with it on that basis then and matter 6806 is 156 days out of time.

PN156

MR WAINWRIGHT: Yes. Your Honour, we are unsure as to why the AIG has not appeared in relation to this application.

PN157

THE DEPUTY PRESIDENT: Right.

PN158

MR WAINWRIGHT: It does seem on the paperwork to be their application.

PN159

THE DEPUTY PRESIDENT: Yes.

PN160

MR WAINWRIGHT: As you can see it is an agreement to cover work at the Blue Circle Cement Plant in Geelong.

PN161

THE DEPUTY PRESIDENT: Yes.

PN162

MR WAINWRIGHT: Waurn Ponds more accurately, for a particular subcontractor. Your Honour, in the circumstances the CFMEU submits that you should extend the prescribed period for the following reasons. That the learned decision of Senior Deputy President Lacy in Securitas shows us that in circumstances where one party seeks to withdraw from an agreement once it is made, they should not be allowed to do so. And we put to you that these circumstances - - -

PN163

THE DEPUTY PRESIDENT: Are they seeking to do that, are they?

PN164

MR WAINWRIGHT: Well, we would infer from their inaction, both in relation to getting the documentation to us between February and June and their inaction in relation to even appearing in the certification proceedings - - -

PN165

THE DEPUTY PRESIDENT: So they signed the document but didn't forward it to you?

PN166

MR WAINWRIGHT: Yes.

PN167

THE DEPUTY PRESIDENT: For some five months.

PN168

MR WAINWRIGHT: We have had a valid majority vote early this year. We have relied on the company's representatives to do the paperwork.

PN169

THE DEPUTY PRESIDENT: Yes.

PN170

MR WAINWRIGHT: And they haven't got that paperwork to us, and when they have we have completed what we have been required to do.

PN171

THE DEPUTY PRESIDENT: So the delay is all on their side, is it?

PN172

MR WAINWRIGHT: The delay is all on their side. The people who can really put to you the arguments for the extension of time are the applicants themselves.

PN173

THE DEPUTY PRESIDENT: Yes.

PN174

MR WAINWRIGHT: We can only put to you that our interests as an organisation and the interests of our members would be harmed if you were not to extend the prescribed period and that you are entitled to extend the prescribed period in the circumstances. That this is an agreement to cover work at a particular workplace. It is an agreement that was entered into earlier this year, and it is an agreement that the employees and their representatives still wish to have certified to ensure that their wages and conditions are protected.

PN175

THE DEPUTY PRESIDENT: Well, I hear what you say. One way of dealing with this - we can provide you with - till close of business tomorrow to provide me with a statutory declaration setting out the circumstances which you have just outlined. If I receive a statutory declaration that is in a satisfactory form, which is along the lines that you have just told me, I will like - I will be likely to extend time as sought and to certify the agreement. If I don't receive a statutory declaration in that time I will dismiss the matter. Would that be a satisfactory way to approach it or not?

PN176

MR WAINWRIGHT: Yes, your Honour. Once completed - once I have completed the statutory declaration would it be possible to fax that to you?

PN177

THE DEPUTY PRESIDENT: Yes.

PN178

MR WAINWRIGHT: Yes.

PN179

THE DEPUTY PRESIDENT: Yes, that will be fine.

PN180

MR WAINWRIGHT: Okay, that is how I will transmit it to your office.

PN181

THE DEPUTY PRESIDENT: No, that would be quite satisfactory, thank you. Nothing else?

PN182

MR WAINWRIGHT: No, your Honour.

PN183

THE DEPUTY PRESIDENT: Right, well I will leave the matter on that basis and I don't think we need to do anything more today. Thank you.

ADJOURNED INDEFINITELY [10.55am]