AG2004/7822, Transcript of Proceedings [2004] AIRCTrans 4210 (29 October 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS

O/N 8802
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2004/7822
AG2004/7823

APPLICATION FOR EXTENSION OF
CERTIFIED AGREEMENT

Application under section 170MC of the Act
by FMC Relationship Services re extension
of nominal expiry date from 24 October 2004
until 30 June 2006

APPLICATION FOR VARIATION OF
CERTIFIED AGREEMENT

Application under section 170MD(2) of the Act
by FMC Relationship Services to vary the FMC
Relationship Services Certified Agreement 2002

MELBOURNE

3.31 PM, WEDNESDAY, 20 OCTOBER 2004

PN1

MS J. DIXON: I appear for the Board of FMC Relationship Services.

PN2

MS K. FRASER: I appear for the staff of FMC Services - FMC Relationship Services.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, well, Ms Dixon, you have applied, or your Board has applied, to extend the nominal expiry date of the FMC Relationship Services Certified Agreement 2002, is that right?

PN4

MS DIXON: Yes, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: Is that an agreement made with the staff is it, an LK agreement, under section 170LK of the Act.

PN6

MS DIXON: Yes, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: And how many staff are there - how many numbers of staff?

PN8

MS DIXON: 30, your Honour.

PN9

THE SENIOR DEPUTY PRESIDENT: 30. And did a valid majority of those people approve of the variation?

PN10

MS DIXON: Yes, your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: And how was that valid majority obtained?

PN12

MS FRASER: May I speak, your Honour?

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, you may. Yes, Ms Fraser?

PN14

MS FRASER: On 26 August 2004 we held a full staff meeting and we voted and the majority of staff agreed - 17 members.

PN15

THE SENIOR DEPUTY PRESIDENT: 17 out of 30?

PN16

MS FRASER: Yes, sir.

PN17

THE SENIOR DEPUTY PRESIDENT: Agreed to extend the nominal expiry date?

PN18

MS FRASER: Yes.

PN19

THE SENIOR DEPUTY PRESIDENT: And why is that you want to have the nominal expiry date extended? Yes, Ms Dixon?

PN20

MS DIXON: The FMC Relationship Services gets their funding from the Federal Government and for - we have been advised that our funding, thus far, for the last year, has only been a 12 month renewal. We have been advised that our next lot of funding will be for three years. So we thought it would be better if the workplace agreement became in line with the funding of the organisation. That is why we have made the application the way we have, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Yes, well, under section 170MC of the Act if I am satisfied that a valid majority of employees whose employment is subject to the agreement genuinely approved the extension I must extend it. Having regard to what Ms Fraser told me I am satisfied that a valid majority of employees affected approved the extension or agreed to the extension. And accordingly the nominal expiry date of the agreement will be extended until 30 June 2006. Now, there is also an application to vary a certified agreement - the certified agreement to remove ambiguity. What is that all about, Ms Fraser?

PN22

MS FRASER: Your Honour, in our certified agreement, 2002, under clause 10 your Honour will note that it says, "Hours of work" - clause 10 - - -

PN23

THE SENIOR DEPUTY PRESIDENT: Yes, I have that.

PN24

MS FRASER: - - - number three. "Additional leave."

PN25

THE SENIOR DEPUTY PRESIDENT: Yes.

PN26

MS FRASER: The employer has been gracious enough to grant the staff time off with pay over the Christmas/New Year period and the 2002 agreement that expires on 23 October would have meant a degree of uncertainty. So what we have asked for is a variation to allow that Christmas/New Year period to be specific for those days to be specifically outlined for the Christmas/New Year period 2004 and 2005, your Honour.

PN27

THE SENIOR DEPUTY PRESIDENT: And that has found its way - that varied term has found its way into the document that accompanies the application, does it? There is a consolidated agreement with the - - -

PN28

MS FRASER: Yes.

PN29

THE SENIOR DEPUTY PRESIDENT: - - - variation. I notice that it also has the period of operation as 2006.

PN30

MS FRASER: Yes.

PN31

THE SENIOR DEPUTY PRESIDENT: You have also changed the nominal expiry date - - -

PN32

MS FRASER: Yes, yes.

PN33

THE SENIOR DEPUTY PRESIDENT: - - - in anticipation of the - - -

PN34

MS FRASER: Yes, of that going ahead.

PN35

THE SENIOR DEPUTY PRESIDENT: Yes.

PN36

MS FRASER: That being approved.

PN37

THE SENIOR DEPUTY PRESIDENT: Now, once again, I need to be satisfied that a valid majority of the employees has genuinely approved the variation. How can I be satisfied?

PN38

MS FRASER: Because that is what was voted on 26 August at that full staff meeting, your Honour.

PN39

THE SENIOR DEPUTY PRESIDENT: I see, the two matters were voted on, were they?

PN40

MS FRASER: The two matters were voted on, the extension and the variation.

PN41

THE SENIOR DEPUTY PRESIDENT: Yes. Yes, very well. Yes, I am satisfied again that the requirements of section 170MD have been met. A valid majority of affected employees has genuinely approved the variation and the agreement will be varied in the terms sought and that is by replacing clause 10.3, is it?

PN42

MS FRASER: That is right, your Honour.

PN43

THE SENIOR DEPUTY PRESIDENT: Yes, by replacing clause 10.3 with the following. A heading, "Additional leave." And then for the first paragraph:

PN44

For the Christmas/New Year period for the year 2004 the Centre will be closed from close of business on Tuesday - - -

PN45

MS FRASER: Thursday, sorry, your Honour.

PN46

THE SENIOR DEPUTY PRESIDENT:

PN47

...on Thursday 23 December 2004 through to Monday 3 January 2005 inclusive. The Centre will re-open for normal business on Tuesday 4 January 2005.

PN48

And another paragraph within that sub clause:

PN49

For the Christmas/New Year period for the year 2005 the Centre will be closed from close of business on Thursday 22 December 2005 through to Monday 2 January 2006 inclusive. The Centre will re-open for normal business on Tuesday 3 January 2006.

PN50

And that concludes the variation. That accurately reflects the variation that was approved by the employees, is it?

PN51

MS FRASER: That is correct, your Honour.

PN52

THE SENIOR DEPUTY PRESIDENT: Yes, well, the agreement will be varied in that regard and its period of operation, as I have indicated, will also now have as a nominal expiry date, 30 July 2006.

PN53

MS FRASER: 30 June, your Honour.

PN54

THE SENIOR DEPUTY PRESIDENT: 30 June?

PN55

MS FRASER: 30 June 2006.

PN56

THE SENIOR DEPUTY PRESIDENT: On the document you have given me it says 30 July. That is a misprint, is it? In clause 5, it says 30 July. I notice that your application is 30 June. So that should read 30 June. Is that correct?

PN57

MS FRASER: Thank you, your Honour, yes, it should.

PN58

THE SENIOR DEPUTY PRESIDENT: Yes, I will correct that on the file and I suggest that you - - -

PN59

MS FRASER: Will do also.

PN60

THE SENIOR DEPUTY PRESIDENT: - - - provide another typewritten page for the agreement that is posted at your place of employment or given to employees.

PN61

MS FRASER: Thank you, your Honour.

PN62

THE SENIOR DEPUTY PRESIDENT: Yes, I have made the amendments - typographical amendment. It doesn't change the approved extension of the nominal expiry date. Yes, I think that concludes everything that needs to be done. I will adjourn the Commission.

ADJOURNED INDEFINITELY [3.42pm]