AG2004/7632, Transcript of Proceedings [2004] AIRCTrans 4022 (18 October 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Suite 25, Trafalgar Centre 108 Collins St HOBART Tas 7000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 1225

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2004/7632

APPLICATION FOR CERTIFICATION
OF AGREEMENT WITH EMPLOYEES
(DIVISION 2)

Application under section 170LK of the Act
by Collex Pty Limited to certify the
Collex Tasmania (R1) Agreement 2004

HOBART

9.25 AM, THURSDAY, 7 OCTOBER 2004

PN1

MR W. DAWSON: I seek leave to appear on behalf of Collex Pty Limited. Appearing with me is MR D. COWBURN who is a senior tradesman at the company.

PN2

THE DEPUTY PRESIDENT: I take it Mr Cowburn is not going to object to leave being granted to you to appear?

PN3

MR DAWSON: I would hope not.

PN4

THE DEPUTY PRESIDENT: On that basis, leave is granted. I think you have been advised that I have been through the agreement and that I have no questions that I wish to raise with you. It would appear to me that it meets the requirements of the Act and also satisfies the Electrolux decision.

PN5

MR DAWSON: Amazing.

PN6

THE DEPUTY PRESIDENT: Unless you want to - yes, that was fortunate - unless you wanted to put something on the record in particular?

PN7

MR DAWSON: No, your Honour, we don't, but other than to say that the agreement was - because of the small number of people - was negotiated directly with all of them so that there was no need for the representative matter to be raised on behalf of the employees.

PN8

THE DEPUTY PRESIDENT: Okay. All I have to do is ask Mr Cowburn whether he fully understands the agreement, the terms of the agreement?

PN9

MR COWBURN: Yes, your Honour, I do.

PN10

THE DEPUTY PRESIDENT: The obligations and responsibilities therein and I take it that you and your other fellow employees entered into the agreement of your own free will?

PN11

MR COWBURN: Yes.

PN12

THE DEPUTY PRESIDENT: You weren't locked in a dark room and threatened?

PN13

MR COWBURN: No, no, we weren't, your Honour.

PN14

THE DEPUTY PRESIDENT: Good. All right - it would have to be a big room by the looks of you. All right, look, that satisfies my requirements under the Act. One of the things I have to do is be satisfied that the employees have not been put under any duress and I wouldn't try to put you under any duress anyway. All right, on that basis, this is an application pursuant to section 170LK of the Workplace Relations Act for certification of an agreement to be known as the Collex Tasmania (R1) Agreement 2004. Parties to the agreement are Collex Pty Limited, the Refractory Division in the State of Tasmania and the employees covered by the classifications found in the agreement. I am satisfied that the requirements of the Act have been met, the parties have provided the necessary statutory declarations and accordingly the agreement can be certified. It will come into effect from the first full pay period on or after today and remain in force until 31 August 2007. That agreement is hereby certified. Thank you.

ADJOURNED INDEFINITELY [9.28am]