AG2003/10604, Transcript of Proceedings [2004] AIRCTrans 387 (28 January 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
PO Box A2405 SYDNEY SOUTH NSW 1235
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 8841

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

MUNRO J

AG2003/10604

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
for certification of the Flooring, Wetherill
Park Enterprise Bargaining Agreement 2004

SYDNEY

11.29 AM, MONDAY, 19 JANUARY 2004

PN1

HIS HONOUR: This is matter AG10604 of 2003, an application lodged on 24 December under section 170LK of the Act seeking certification of an agreement to be known as the Flooring, Wetherill Park Enterprise Bargaining Agreement 2004. Could I have appearances, please?

PN2

MR T. EFTIMIADIS: If the Commission pleases, I appear for Wetherill Park Flooring, Division of Pacific Household Products Pty Limited and appearing with me is MR M. RODRIGUEZ, the employee representative and J. FERNANDEZ, the Operations Manager of the business.

PN3

HIS HONOUR: Yes, I note this agreement is made between Pacific Browns Household Products trading as Dunlop Flooring and Employees, clause 3 states:

PN4

The agreement shall apply to all weekly paid production and maintenance employees at Flooring, located at Newton Road, Wetherill Park, New South Wales, 2164.

PN5

It's necessary to make a finding that the application of the agreement is to Pacific Brands Household Products Pty Limited trading as Dunlop Flooring in relation to that part of the business located at 183 Newton Road, Wetherill Park in respect of weekly paid production warehouse and maintenance employees. I take it there is no demurrer from that finding. The agreement was lodged one day, it's within time after it was made.

PN6

The written notice of intention to make the agreement, do you have that?

PN7

MR EFTIMIADIS: Yes, I have.

PN8

HIS HONOUR: Could we have a copy of that, please. So I mark as F1 - who is representing the employees?

PN9

MR RODRIGUEZ: I am, your Honour.

PN10

HIS HONOUR: Mr Rodriguez, was there a vote on the agreement?

PN11

MR RODRIGUEZ: Yes, there was, your Honour.

PN12

HIS HONOUR: Was it approved by a substantial majority?

PN13

MR RODRIGUEZ: Yes, your Honour.

PN14

HIS HONOUR: What sort of majority?

PN15

MR RODRIGUEZ: Out of 24 votes I think it was 22 for yes.

PN16

HIS HONOUR: I see, yes; and does it replace an existing agreement?

PN17

MR RODRIGUEZ: Pardon, your Honour.

PN18

HIS HONOUR: Or is this the first agreement you've had at the site?

PN19

MR RODRIGUEZ: No, your Honour, we've had other agreements.

PN20

HIS HONOUR: Thank you; and you are satisfied that your fellow workers approve the agreement?

PN21

MR RODRIGUEZ: Yes, your Honour.

PN22

HIS HONOUR: Yes, thank you. I mark as exhibit F1 the document of 9 December 2003, I accept that as conforming sufficiently with section 170LK(4).

EXHIBIT #F1 DOCUMENT DATED 09/12/2003

PN23

HIS HONOUR: I note that there is no empowerment under section 170LW of the agreement, otherwise I have no difficulties with certifying the agreement. I am satisfied that the agreement should be certified, the basis of that satisfaction is the check list compiled by my associate, completed and signed by me to be a component of my decision in this matter. I certify as agreement 831547 in print 942684 of the agreement, it comes into force from today and remains in force until 31 December 2005. A copy of the certificate has been sealed and is made available to the representatives in attendance prior to the calling of the next matter.

ADJOURNED INDEFINITELY [11.35am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #F1 DOCUMENT DATED 09/12/2003 PN23