AG2003/8385, Transcript of Proceedings [2004] AIRCTrans 435 (5 February 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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

TRANSCRIPT OF PROCEEDINGS


O/N 5921

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2003/8385, 8386, 8507,
8509, 8510, 8512, 8514,
8516, 8517

WINKLE SHOPFITTERS PTY LTD AND
CFMEU BUILDING AND CONSTRUCTION
INDUSTRY COLLECTIVE BARGAINING
AGREEMENT 2002-2005

MODE INDUSTRIES PTY LTD AND CFMEU
BUILDING AND CONSTRUCTION INDUSTRY
COLLECTIVE BARGAINING AGREEMENT
2002-2005

ABLE-CARP PTY LTD AND CFMEU
BUILDING AND CONSTRUCTION INDUSTRY
COLLECTIVE BARGAINING AGREEMENT
2002-2005

OCTAGONAL ENTERPRISES PTY LTD AND
CFMEU BUILDING AND CONSTRUCTION
INDUSTRY COLLECTIVE BARGAINING
AGREEMENT 2002-2005

PJB SERVICES AUST PTY LTD AND
CFMEU BUILDING AND CONSTRUCTION
INDUSTRY COLLECTIVE BARGAINING
AGREEMENT 2002-2005

SP CODY PTY LTD AND CFMEU BUILDING
AND CONSTRUCTION INDUSTRY COLLECTIVE
BARGAINING AGREEMENT 2002-2005

AUSTRALIAN SCAFFOLDING PTY LTD AND
CFMEU BUILDING AND CONSTRUCTION
INDUSTRY COLLECTIVE BARGAINING
AGREEMENT 2002-2005

KINGSWAY CONSTRUCTION SERVICES
PTY LTD AND CFMEU BUILDING AND
CONSTRUCTION INDUSTRY COLLECTIVE
BARGAINING AGREEMENT 2002-2005

CLASSIC RESOURCES PTY LTD AND
THE ASOFIA/CFMEU BUILDING AND
CONSTRUCTION INDUSTRY OFF SITE
ENTERPRISE AGREEMENT 2003-2005

Applications under section 170LJ of the Act
for certification of the above agreements

MELBOURNE

11.06 AM, THURSDAY, 22 JANUARY 2004

PN1

MR D. HODGES: I am from the MBAV representing the employers listed.

PN2

MR R. WAINWRIGHT: I appear for the Construction, Forestry, Mining and Energy Union in each of the matters listed.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Hodges.

PN4

MR HODGES: Thank you, your Honour. I appear today seeking certification of the agreements listed. All the necessary requirements for the certification of the agreements have been followed as required under the Act. Copies of the agreement have been made available to each employee and 14 days allowed to cast their vote. The agreements contain a disputes settlement procedure under clause 9 and clause 24 under the Offsite Shop Fitting Agreement. They set a nominal expiry date of no more than three years after they come into operation. Both the employers and employees have a clear understanding of the agreement and they are committed to the agreement. In regard to section 170LU we say that the agreements contain neither objectionable nor discriminatory provisions and that negotiations were at all times conducted in an appropriate manner so we would therefore seek certification of the agreements.

PN5

THE SENIOR DEPUTY PRESIDENT: Mr Hodges, one of the agreements is two days out of time, one is five days out of time.

PN6

MR HODGES: Yes, I think there is actually possibly three, your Honour and we would seek your discretion under section 111(1)(r) in regard to the extension of those agreements which I think the matters are 8386, 8507 and 8517 which are all, as you have said, slightly out of time. It appears the primary reason for the delay was administrative difficulties relating to document exchange between the parties. The appropriate steps have been followed, I have contacted each of the companies and asked whether there has been a significant change in the composition of the workplace in the interim period between the time the application should have been filed and the time that they actually were and they have each responded that no such change has occurred. And if I may, your Honour, I would like to tender a statutory declaration to that effect.

EXHIBIT #MBAV1 STATUTORY DECLARATION

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Wainwright.

PN8

MR WAINWRIGHT: Your Honour, the CFMEU endorses and adopts the submissions of the MBA both in relation to the certification of the agreement and the application for an extension of time.

PN9

THE SENIOR DEPUTY PRESIDENT: Thank you. These are applications for certification of agreements under the provisions of the Workplace Relations Act 1996. In the circumstances and in particular in light of the statutory declaration that has now been filed, I am prepared to grant an extension of time where necessary for the lodging of the applications and I grant such an extension to the date upon which each of the relevant applications was lodged. On the basis of the statutory declarations filed by the parties to each of the agreements and the submissions that have been made this morning, I am of the view that having regard to the applicable provisions of the Act, I am required to certify each of the agreements and appropriate certification will therefore be issued in respect of each of the applications and each of those applications is adjourned on that basis.

ADJOURNED INDEFINITELY [11.09am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #MBAV1 STATUTORY DECLARATION PN7