AG2004/7900, Transcript of Proceedings [2004] AIRCTrans 4425 (16 November 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 1314

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2004/7900

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
by the Minister Administering the State Service
Act 2000 and Another for certification of the
Tasmanian Fire Service Employees' Enterprise
Bargaining Agreement 2004

HOBART

12.10 PM, FRIDAY, 5 NOVEMBER 2004

PN1

MS R. PEARCE: I am appearing on behalf of the Minister Administering the State Service Act. Appearing with me is MR C. WILLINGHAM and MR A. NEWELL.

PN2

MR R. WARWICK: I appear for the United Firefighters Union of Australia, Tasmanian Branch.

PN3

THE DEPUTY PRESIDENT: Thank you. Who would like to speak briefly to the agreement?

PN4

MS PEARCE: Thank you, Deputy President, I will commence and speak briefly to it. The Commission has before it an agreement which has ben reached between the parties as a result of a notification of initiation of bargaining period lodged by the United Firefighters Union. The parties have conducted constructive negotiations in relation to this agreement and as a result have reached a position which has been put to the employees and has been voted on.

PN5

It is the Minister's position that the agreement satisfies the requirements of section 170LT of the Act in that it does not contain any disadvantage to employees. It reflects an agreement that exists between the parties and so is in the public interest as well. It has been voted on by the members and employees and that vote was conducted following presentations by the employer and the union during which the contents of the agreement were explained to employees. It has also been mailed to the employees following those meetings and they have been given a period of 14 days within which to consider the agreement and following that a secret ballot was conducted.

PN6

As a result of that ballot 86 per cent of the employees voted to accept the contents of the agreement which is a particularly pleasing result. On that basis given the supportive vote by employees on 15 October it is our position that we would request that the Commission certify this agreement in accordance with the Act.

PN7

THE DEPUTY PRESIDENT: Thank you. Mr Warwick?

PN8

MR WARWICK: If the Commission pleases. The UFU supports those submissions and I can assure the Commission that my members comprehensively and fully understand the contents of this agreement, particularly the part that involves the money.

PN9

THE DEPUTY PRESIDENT: I am quite sure that they do. In fact it is a very good agreement. As the parties are aware I have been through the agreement; there is nothing therein that causes me any concern in respect to the provisions of the Act and the Electrolux decision. Accordingly, this is an application pursuant to section 170LS of the Workplace Relations Act for certification of an agreement to be known as the Tasmanian Fire Service Employees Enterprise Agreement 2004. The parties to the agreement are the Minister Administering the State Service Act 2000 and the United Firefighters Union of Australia.

PN10

The parties have provided the necessary statutory declarations and I am satisfied the agreement meets the requirements of the Act. The agreement was filed within the prescribed time limit and accordingly will be certified. An order will issue to take effect from today's date and remain in force until 30 June 2007. I note the agreement came into effect from 1 July 2004. That agreement is certified. Thank you.

ADJOURNED INDEFINITELY [12.13pm]