AG2004/7851, Transcript of Proceedings [2004] AIRCTrans 4315 (8 November 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 8897

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2004/7851

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by MAK Personnel Services (Aust) Pty Ltd
for certification of the MAK Personnel Services
(Aust) Pty Ltd Security Officers (Victoria)
Agreement 2004

MELBOURNE

12.00 PM, THURSDAY, 28 OCTOBER 2004

PN1

MR R. KING: I appear as agent for MAK Personnel Services and appearing with me is MR M. WRIGHT, director of the company.

PN2

THE COMMISSIONER: Thank you. Yes, Mr King.

PN3

MR KING: Commissioner, this morning is an application made by MAK Personnel Services (Australia) Pty Ltd for the registration of a section 170LK agreement with employees. Commissioner, that notification - that application was filed with the Registry on 21 October and as I understand the requisite documentation was provided and supported that agreement. Commissioner, I guess I am a bit in your hands about how you want me to proceed. Did you want me to go through it or address any particular point - - -

PN4

THE COMMISSIONER: I have closely perused the agreement. I find no problem with it and the documentation that supports it conforms with the requirements of the Act and the rules of the Commission and probably more to the point there is nothing in the agreement that I can see that offends the High Court decision in Electrolux, which is while I closely perused the agreement for, among other reason. I am content the agreement should be made, that is my view, unless you want to say anything further?

PN5

MR KING: No, I don't, Commissioner, I did come prepared to satisfy, if it was necessary, about the no disadvantage test, but I think you can see, you know, from looking at the rates, that is not a problem.

PN6

THE COMMISSIONER: Well, it clearly passes the no disadvantage test.

PN7

MR KING: Yes. Commissioner the thing - procedural issue, the other - the earlier matter that was filed that preceded this, which was AG2004/7438 does that need a formal notification from us to withdraw, or does it just sit?

PN8

THE COMMISSIONER: No, we will deal with that administratively.

PN9

MR KING: Thank you, Commissioner.

PN10

THE COMMISSIONER: Otherwise we will all be withdrawing stuff and issuing new stuff everywhere. Because of the Electrolux decision and the High Court's decision to get out of bed. Thank you, Mr King.

PN11

MR KING: Thank you, Commissioner.

PN12

THE COMMISSIONER: This is an agreement between MAK Personnel Services (Aust) Pty Ltd and its employees, to be known as the MAK Personnel Services (Aust) Pty Ltd Security Officers (Victoria) Agreement 2004. The Commission is content that the Act passes the - sorry, the agreement passes the no disadvantage test. It is lodged pursuant to the Act and the rules of the Commission, and as I have already said, it has no impediments in respect to the Electrolux decision of the High Court of Australia. Accordingly, pursuant to section 170LT of the Workplace Relations Act 1996, the Commission certifies the said agreement. This agreement will come into force from today's date, 28 October 2004, and is to remain in force until 28 October 2007. The matter is adjourned. Good morning.

ADJOURNED INDEFINITELY [12.05pm]