AG2004/7344, Transcript of Proceedings [2004] AIRCTrans 4125 (25 October 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 3, 105 St George's Tce, PERTH WA 6000
Tel:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 962

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2004/7344

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by National Union of Workers - Western
Australian Branch for certification of the
South Pacific Tyres Retreading (Kewdale WA)
Enterprise Agreement 2004

PERTH

4.05 PM, THURSDAY, 14 OCTOBER 2004

PN1

MR T.J. POPE: I appear on behalf of the NUW, sir.

PN2

MR C. LOCKWOOD: I appear on behalf of Tyre Makers Australia.

PN3

THE DEPUTY PRESIDENT: Thank you. Mr Pope?

PN4

MR POPE: Thank you, sir. Thank you for your e-mail pointing out those deficiencies in the documentation. With the assistance of your associate, we have initialled what was required, I believe, sir. The only matter was, the award needed to be correctly identified as the - it was a word processing error. Someone picked up the old title of the award, the award is the Rubber Plastic Cable Making Industry General Award 1998. That is specified correctly in the EBA but it was specified incorrectly in the statutory declaration. And I apologise for that.

PN5

Turning to the particular agreement itself, sir, this is an ongoing enterprise agreement. It is the result of successful negotiations between the parties. The NUW has always had a very good relationship with the employer and we would envisage that continuing. The application with the modification to the award has been signed by Mr Martin Pritchard. He is Branch Secretary of the NUW but he has the authority to sign on behalf of the National Union of Workers. Mr Lockwood himself has signed on behalf of the employer. The NUW is an organisation which has members at the workplace and is entitled to represent the industrial interests of the employees.

PN6

The agreement covers single business and applies to approximately 20 employees. We believe in all respects the agreement meets the no disadvantage test. The agreement was explained in detail to the employees on site and they have a good deal of input into accepting and rejecting what was put to them so they were fully informed of all the details, sir. The agreement was genuinely approved by all employees on 22 September and the application was lodged within 21 days of that date.

PN7

Clause 10 of the agreement provides for a method of preventing and settling disputes. The agreement is for a fixed term expiring on 28.2.07. Apart from the fact that the parties are happy with the agreement, sir, we believe it now meets the requirement of the Act and we would request that it be certified, sir. Thank you, very much.

PN8

THE DEPUTY PRESIDENT: Thank you, Mr Pope. Mr Lockwood?

PN9

MR LOCKWOOD: I agree with Trevor's outline of the agreement, sir, and we are quite happy to sign off on it. Thank you.

PN10

THE DEPUTY PRESIDENT: Good, thank you for that submission. The Commission has no questions and I turn therefore to the certification of the agreement noting that it comes from an application pursuant to Party VIB, Division 2, section 170LJ of the Workplace Relations Act 1996, to certify an agreement to be known as the South Pacific Tyres Retreading (Kewdale WA) Enterprise Agreement 2004.

PN11

Having heard Mr T. Pope on behalf of the National Union of Workers, the NUW, and Mr C. Lockwood on behalf of Tyre Marketers Australia, Limited, Tyre Marketers, and having read the statutory declarations filed by Mr Martin Pritchard on behalf of the NUW and Mr Craig Lockwood on behalf of Tyre Marketers, I am satisfied that the agreement filed relates to a constitutional corporation, namely Tyre Marketers Australia Ltd, ACN 004 098 346. The NUW has at least one member employed in the part of the single business to which the agreement relates and is entitled to represent the industrial interests of the member.

PN12

The agreement passes the no disadvantage test, was made in accordance with section 170LJ. A valid majority of persons employed at the time whose employment would be subject to the agreement, genuinely approved it. The explanation of the terms of the agreement was appropriate. It includes procedures for preventing and settling disputes between the employer and the employees whose employment would be subject to the agreement and it specifies a nominal expiry date of not more than 3 years after the date on which the agreement would come into operation.

PN13

I am further satisfied that there are no reasons set out in section 170LU of the Act why I should refuse to certify the agreement. Accordingly, it will be certified with effect from 14 October 2004 to operate in accordance with its terms from that date. The formal certificate will issue in due course. I adjourn this hearing.

ADJOURNED INDEFINITELY [4.11pm]