AG2004/7475, Transcript of Proceedings [2004] AIRCTrans 3964 (13 October 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

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 14051

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT MARSH

AG2004/7475

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under Section 170LJ of the Act
by Toyo Tyres and Rubber Australia Limited and Another,
for certification of the Toyo Tyre and Rubber Australia
Limited, Automotive Parts (AP-MA) and National Union
of Workers Certified Agreement Number 5

SYDNEY

2.03 PM, FRIDAY, 1 OCTOBER 2004

PN1

MR J. CORLETT: I appear with your leave, your Honour, for Toyo Tyre and Rubber Australia Limited. With me today is MR P. SCHULSTAD, the Human Resources Officer of the company.

PN2

MS A. PERKINS: I appear for the New South Wales branch of the National Union of Workers, also on instead of the National Officer from our National Office.

PN3

HER HONOUR: Thank you. Can I indicate that this matter was first listed for hearing on 28 September following correspondence received from the NUW, which is self explanatory. I cancelled the matter. Subsequently, I received correspondence from you, Mr Corlett, wishing the matter to be brought on. I therefore thought the appropriate course was to bring the matter on for mention because there's clearly two different views with respect to the timetabling of the matter and I must say I've got sympathy for both positions, or I understand both positions. I should indicate on the record that in light of the Electrolux decision, there's certainly a number of clauses which I will require submissions on as to whether or not they are matters pertaining to the relationship between the employer and the employees as elaborated in that decision.

PN4

I have formed no view but I will certainly require submissions before I can be satisfied that they are matters pertaining, and if there is a clause or clauses found not to pertain to the requisite relationship, I'd also like submissions on how I should process the agreement. That is that an agreement has not been properly made because it contains matters pertaining. The clauses are clauses 41, 49, 50, 51 and 52. Our union delegate, leave, union official, shop stewards, notice board and choice of union membership, subject - and that's my prima facie thinking but that may be subject to any other decisions of the Commission that are handed down between now and when I finalise my decision in this matter, subject to submissions either party wishes to make to the contrary, it's my intention to direct the parties to file written submissions within a timetable that I think I can discuss with the parties.

PN5

I'll then list the matter to admit old submissions to be made. Does anyone want to put any submissions or would it be appropriate if we went into conference to discuss the timetabling of this matter?

PN6

MR CORLETT: A conference would be suitable.

PN7

MR SCHULSTAD: Yes, your Honour.

PN8

MS PERKINS: Yes. Thank you.

PN9

HER HONOUR: We'll adjourn then into conference. Thank you.

OFF THE RECORD [2.06pm]

NO FURTHER PROCEEDINGS RECORDED