AG2003/8407, Transcript of Proceedings [2004] AIRCTrans 436 (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 5916

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2003/8407, 8409, 8410,
8411, 8412, 8415, 8416,
8417, 8418, 8419, 8423,
8424, 8425, 8426, 8427,
8428, 8429, 8430, 8431,
8432, 8433, 8434, 8435,
8438, 8439, 8440

INTEGRITY ELECTRICAL PTY LTD
- ETU ENTERPRISE AGREEMENT
2003-2005

AXCELL ELECTRICAL ENGINEERING
- ETU ENTERPRISE AGREEMENT
2003-2005

BRAESIDE ELECTRICAL SERVICES
- ETU ENTERPRISE AGREEMENT
2003-2005

SJ ELECTRICS (VIC) PTY LTD -
ETU ENTERPRISE AGREEMENT
2003-2005

HMC ELECTRICS - ETU ENTERPRISE
AGREEMENT 2003-2005

APPS ELECTRICS PTY LTD - ETU
ENTERPRISE AGREEMENT 2003-2005

MICHAEL CROMBIE ELECTRICAL
CONTRACTOR PTY LTD - ETU
ENTERPRISE AGREEMENT 2003-2005

STOWE AUSTRALIA PTY LTD - ETU
ENTERPRISE AGREEMENT 2003-2005

ICC INTEGRATED COMMUNICATIONS
CABLING - ETU ENTERPRISE AGREEMENT
2003-2005

BAE AUTOMATION & ELECTRICAL
SERVICES PTY LTD - ETU ENTERPRISE
AGREEMENT 2003-2005

ELECTRICAL COMMUNICATION SERVICES
PTY LTD - ETU ENTERPRISE AGREEMENT
2003-2005

VICTORIAN ELECTRICAL SERVICES PTY
LTD - ETU ENTERPRISE AGREEMENT
2003-2005

POWER LOGISTICS COMPANY PTY LTD -
ETU ENTERPRISE AGREEMENT 2003-2005

AGFAB ENGINEERING PTY LTD - ETU
ENTERPRISE AGREEMENT 2003-2005

POWERLIGHT - ETU ENTERPRISE
AGREEMENT 2003-2005

L & D ELECTRICAL SERVICES PTY LTD
- ETU ENTERPRISE AGREEMENT 2003-2005

YOUNG'S ELECTRICAL SERVICES PTY
LTD - ETU ENTERPRISE AGREEMENT
2003-2005

SAS ELECTRICS PTY LTD - ETU
ENTERPRISE AGREEMENT 2003-2005

J G CATTERALL & CO - ETU ENTERPRISE
AGREEMENT 2003-2005

SONERIC COMMUNICATIONS PTY LTD -
ETU ENTERPRISE AGREEMENT 2003-2005

P R DAWSON & SONS PTY LTD - ETU
ENTERPRISE AGREEMENT 2003-2005

FRANZ ELECTRICS - ETU ENTERPRISE
AGREEMENT 2003-2005

TYCO INTEGRATED SYSTEMS - ETU
ENTERPRISE AGREEMENT 2003-2005

JAYCON FIRE PROTECTION PTY LTD
- ETU ENTERPRISE AGREEMENT
2003-2005

CORE ELECTRICAL PTY LTD - ETU
ENTERPRISE AGREEMENT 2003-2005

MDI ELECTRICS PTY LTD - ETU
ENTERPRISE AGREEMENT 2003-2005

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

MELBOURNE

10.37 AM, THURSDAY, 22 JANUARY 2004

PN1

MR KENNEDY: National Electronics - Electrical and Communications Association. I appear for the employers in each of these matters.

PN2

MR S. McKAY: From the CEPU, Electrical Division.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes. Yes, Mr Kennedy?

PN4

MR KENNEDY: Your Honour, these are applications for enterprise agreements under section 170LJ of the Workplace Relations Act. I believe, as is stated in the statutory declarations by both the employers and the union, that they meet all of the requirements of the Act. In particular there has been a 14 day consultation period during which employees had the opportunity to read and ask questions about the agreement. They have all been approved by a valid majority of employees.

PN5

They all meet the no disadvantage test easily. There is a nominal expiry date in each agreement of 31 October 2005 which is within the three year period. At clause 12 in each agreement there is a dispute settling procedure and there are no objectionable or discriminatory clauses in terms of the Workplace Relations Act. So I would ask that the Commission certify the agreements on these bases. There are some matters I would like to draw the Commission's attention to and that is that a number of agreements are out of time and the reasons that these agreements are out of time are that there have been delays in both the union and within the companies in completing the statutory declarations.

PN6

This was more so than usual because the agreements were being processed during the lead-up to the Christmas break at which time it is very difficult to get small electrical contractors to focus on matters other than doing electrical work to meet their customers' requirements before Christmas so it was quite a battle there to get them to attend to the matters. So that should improve after the break is finished. I should also say that I can confirm that in each case the composition of the workforce had not substantially altered between the date that the approval was given and the date that the agreements were lodged with the Commission.

PN7

So on those bases I would ask that your Honour exercise his discretion under section 111 of the Act to extend the time period for lodgment of the applications. There were a number of other matters related to inadequate documentation which were caused by, what I shall call, bugs in the electronic lodgment system. What has happened is that I forwarded yesterday - and I have got a copy - and I have got to hand up today documents which replaced the faulty parts of it.

PN8

They were signatory pages in some parts of the statutory declarations. So I would like to hand those up today, if I could, your Honour and ask that the extension be granted to those that were out of time.

PN9

THE SENIOR DEPUTY PRESIDENT: In relation to one matter, the statutory declaration of the employer seemed to have a missing page.

PN10

MR KENNEDY: Yes, we have remedied that, that statutory declaration is replicated there. And I should say, your Honour, there was one other - - -

PN11

THE SENIOR DEPUTY PRESIDENT: The concern is that the document - and I think it happened here too - what has been now handed up to us again is the same as what was originally filed. There still seems to be a missing page. Do I take it that you are happy in relation to the answers to the relevant questions - the answers that are missing - you are happy to rely on what is in the employees' - the union's statutory declaration, in any event?

PN12

MR KENNEDY: Yes, I am, your Honour. I should say there was one other matter I did not refer to where there was a discrepancy between the approval date in the union and the employer statutory declaration. In that submission there I have confirmed that the union statutory declaration was in fact correct and it is 6 October when the approval was given.

PN13

THE SENIOR DEPUTY PRESIDENT: Mr McKay?

PN14

MR McKAY: If the Commission please the CEPU, Electrical Division fully support the submissions in the application made by Mr Kennedy and NECA. There has indeed been some extensive amounts of enterprise agreements coming through both offices of late, Commissioner, and there has been a number of times when there has been either typographical or administration errors. We would support the application before the Commission to extend its extension of time under 111(1)(r) of the agreement for certification of these agreements, thanks.

PN15

THE SENIOR DEPUTY PRESIDENT: Thank you. These are applications for certification of various agreements under the provisions of the Workplace Relations Act 1996. In the circumstances on the basis of what has been put to me this morning I am prepared to grant an extension of time for the lodging of each application where necessary and I grant such an extension to the date upon which the relevant application was lodged. There have been identified a number of deficiencies in relation to some of the supporting material that is filed in relation to these applications.

PN16

First of all in a number of occasions the application itself is not signed and to the extent that it is necessary to do so I waive any requirement that it be signed. It is obvious to me that the application is being pursued by the parties to each agreement in each case. Insofar as there were, on some occasions, no signature page to the agreement then I note that we - the Commission has now been provided with an appropriately signed document. Insofar as, in any particular case, one of the statutory declarations was incomplete, I consider that I can rely upon the information that has been contained in the statutory declaration of the other party.

PN17

And I understand that each party in each of those cases is now happy to rely on that material. Therefore, on the basis of the statutory declarations that have been filed and the submissions that have been made today, I am of the view that having regard to the applicable provisions of the Act I am required to certify each of the agreements. An appropriate certification will therefore be issued in respect to each application. The matters are adjourned on that basis.

ADJOURNED INDEFINITELY [10.43am]