AG2004/6823, Transcript of Proceedings [2004] AIRCTrans 3627 (13 September 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 8366

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2004/6823

APPLICATION FOR CERTIFICATION
OF AGREEMENT WITH ORGANISATIONS OF
EMPLOYEES (DIVISION 2)

Application under section 170LJ of the Act
by the Australian Rail, Tram and Bus Industry
Union-Victorian Branch and Another for
certification of the Central Deborah Bendigo
Workplace Agreement 2004

MELBOURNE

10.50 AM, THURSDAY, 2 SEPTEMBER 2004

PN1

MR P. ALTIERI: I appear on behalf of the Rail, Tram and Bus Union.

PN2

MS S. HURST: I appear on behalf of the Australian Workers Union.

PN3

THE COMMISSIONER: Thank you. Who is going to make the submission?

PN4

MR ALTIERI: I will if that is all right.

PN5

THE COMMISSIONER: Mr Altieri?

PN6

MR ALTIERI: If the Commissioner pleases, this agreement is basically a rollover of the prior agreement. Central Deborah management have made some fairly major changes in their management team and they saw fit to buy themselves some time if you like to get the idea of how the business is running, hence it was chosen to go this way. In terms of the process it was done exactly the same way as it would normally be done in that extensive discussions and meetings set up with the membership and it was explained to them the process.

PN7

The members were quite happy to go that way and of course the document itself hasn't been changed, included the wage rises set out in the document for the 12 month period at which time we will be sitting down six months prior to the expiry of this with the new management to negotiate a new agreement and I am sure it meets all the requirements of the Act. A dispute procedure is there, there is no disadvantage as it hasn't been changed and there has been a wage increase. So certainly from the RTBU perspective we fully endorse this and ask the Commission to certify it.

PN8

THE COMMISSIONER: Ms Hurst?

PN9

MS HURST: If the Commission pleases we would concur with the submissions made by Mr Altieri. The appropriate statutory declaration has been filed by the organiser from the Australian Workers Union who is responsible for the site. We only have a small number of members but they have endorsed the agreement and certainly we would submit that the agreement meets all the requirements of the Workplace Relations Act and would support its approval. If the Commission pleases.

PN10

THE COMMISSIONER: This is an agreement between the Australian Rail, Tram and Bus Industry Union and the Australian Workers Union and the Bendigo Trust trading as Central Deborah. The agreement is to be known as the Central Deborah Bendigo Workplace Agreement 2004. Pursuant to section 170LT of the Workplace Relations Act 1996 the Commission certifies the said agreement. The agreement shall come into force from today's date, 2 September 2004 and remain in force until 27 July 2005. The matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [10.55am]