AG2004/7001, Transcript of Proceedings [2004] AIRCTrans 4400 (15 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 8891

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

AG2004/7001

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
by ETRS Pty Ltd and Another for certification
of the ETRS Pty Ltd (Esso sites) Onshore
Maintenance Certified Agreement 2004-2006

MELBOURNE

10.35 AM, MONDAY, 4 OCTOBER 2004

PN1

MR P. SHELL: I appear on behalf of the Australian Industry Group and its member, ETRS Pty Ltd, and with me today is the Branch Manager for the company, MR I. McDONALD.

PN2

MR M. ADDISON: I appear on behalf of the Australian Manufacturing Workers' Union.

PN3

THE COMMISSIONER: Now, do the parties have anything for me by way of statutory declaration or signature from the union?

PN4

MR ADDISON: Has that not been filed, Commissioner?

PN5

THE COMMISSIONER: No. I had a look at it this morning. As you would appreciate I am just back from - - -

PN6

MR ADDISON: Leave. Yes, indeed.

PN7

THE COMMISSIONER: - - - leave.

PN8

MR SHELL: I can assist the Commission, and that may be my fault, Maurice. I had copies of the Assistant Secretary's signature here, and I notice that we are joined by Mr Warren from the union who knows about this matter.

PN9

THE COMMISSIONER: Thank you. Now, the agreement was lodged on 31 August. The vote took place over a short period, but the last date which the vote was taken was 4 August, so it is marginally out of time.

PN10

MR SHELL: This matter was before you, and I don't have a copy of the notification, a couple of weeks ago, Commissioner. But if it is marginally out of time it is not as if it is a - it is well due. This is a dispute, as you probably recall, that has been going for over 12 months.

PN11

THE COMMISSIONER: All right.

PN12

MR ADDISON: We would support an application for the Commission to exercise its discretion pursuant to section 111(1)(r) and extend the time, if that is appropriate, Commissioner.

PN13

THE COMMISSIONER: I assume there has been no change to the workforce.

PN14

MR ADDISON: No, there hasn't, Commissioner.

PN15

THE COMMISSIONER: No? Okay. Is there anything in the agreement that the parties wish to draw the Commission's attention to?

PN16

MR ADDISON: No, Commissioner.

PN17

THE COMMISSIONER: Mr Shell?

PN18

MR SHELL: No, Commissioner.

PN19

THE COMMISSIONER: Thank you. All right. The agreement in this matter shall be referred to as the ETRS Pty Ltd (Esso sites) Onshore Maintenance Certified Agreement 2004-2006. The Commission is prepared to use its discretionary powers under section 111(1)(r) and grant the extension of time in which the application for certification had to be made. The Commission is satisfied, based on the material provided by way of statutory declarations, that all provisions of section 170 have been complied with. The agreement shall commence on 1 April 2004 and shall remain in force until 30 June 2006.

ADJOURNED INDEFINITELY [2.40pm]