AG2004/7268, Transcript of Proceedings [2004] AIRCTrans 4025 (18 October 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 8692

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2004/7268

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Wallara Australia Limited and Another for
certification of the Wallara Australia (2004)
Enterprise Agreement

MELBOURNE

11.23 AM, THURSDAY, 7 OCTOBER 2004

PN1

MR L. BUTLER: I appear on behalf of Wallara Australia in this matter.

PN2

MR J. YIANOULATOS: I appear on behalf of the Health Services Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, gentlemen, who wants to be first?

PN4

MR BUTLER: If your Honour pleases. This is an application made under section 170LJ of the Act. It is an agreement entered into by the parties. All aspects of the Act have been complied with and unless your Honour has any specific questions to ask I would rely on the statutory declarations and the information contained in those and ask that you exercise your power under the Act and certify the agreement.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, I would like you to tell me what clause 3 means?

PN6

MR BUTLER: Clause 3. Your Honour, as I understand it, there was an application under section 170MZ of the Act, I believe, to the Commission to pursue this agreement in light of a decision which related to the Health Services Union, the Private Sector Award and the Residential Support Services Victoria Award but not the Attendant Care Victoria Award and as I understand it there was some employers - well, all of the employers were not necessarily subject to that award and were given liberty to pursue to agreements that reflected that decision and my understanding of this matter is - - -

PN7

THE SENIOR DEPUTY PRESIDENT: Do you have that decision?

PN8

MR BUTLER: No, I don't have that decision with me, I am sorry, your Honour.

PN9

THE SENIOR DEPUTY PRESIDENT: Sorry, I will just get hold of that decision. What part of MZ do you rely on, Mr Butler?

PN10

MR BUTLER: Sorry, your Honour?

PN11

THE SENIOR DEPUTY PRESIDENT: What part of MZ do you rely on?

PN12

MR BUTLER: Well, your Honour, I am at a little bit of a disadvantage here. Mr Moloney was representing the employer in this matter and has moved to Alice Springs and I am just really not up to date on that and I apologise for that. I wasn't aware that that was going to be a question that you might ask given that - - -

PN13

THE SENIOR DEPUTY PRESIDENT: Well, Mr Butler, I understand your difficulty, but my difficulty is that I am confronted with something that I am certain of. Mr Yianoulatos, can you assist?

PN14

MR YIANOULATOS: I wish I could, your Honour. Unfortunately not. Just like my friend, I have come in on the tail end of this.

PN15

THE SENIOR DEPUTY PRESIDENT: Gentlemen, it doesn't help much when there is something a bit unusual and you can't assist.

PN16

MR BUTLER: Your Honour - - -

PN17

THE SENIOR DEPUTY PRESIDENT: An MX award was made, is that right?

PN18

MR BUTLER: That is my understanding, your Honour. There have been two of these agreements certified previously by Commissioner Cribb.

PN19

THE SENIOR DEPUTY PRESIDENT: Well, maybe Commissioner Cribb knew what she was doing. I am not in the same fortunate position. I don't know what I am doing at the moment. I need some help.

PN20

MR BUTLER: Well, I have tried to help the best I can, your Honour, but I apologise for not being able to do that given the circumstances of - - -

PN21

THE SENIOR DEPUTY PRESIDENT: We will just go off the record for a moment. Thanks.

SHORT ADJOURNMENT [10.12am]

RESUMED [11.23am]

PN22

THE SENIOR DEPUTY PRESIDENT: Because I am not satisfied as to certain matters that I have discussed with the parties in conference I am going to adjourn this matter until 10.15 am on Monday, 25 October 2004.

PN23

MR YIANOULATOS: If your Honour pleases.

ADJOURNED UNTIL MONDAY, 25 OCTOBER 2004 [11.24am]