AG2004/7749, Transcript of Proceedings [2004] AIRCTrans 4456 (18 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 9015

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GAY

AG2004/7749

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Lothway-TBS Pty Limited and Another
for certification of the Lothway-TBS Pty
Ltd AMWU and AWU (Esso Sites) Onshore
Maintenance Certified Agreement 2004-2006

MELBOURNE

4.14 PM, TUESDAY, 9 NOVEMBER 2004

PN1

MR. R. RONDINELLI: I appear for the Australian Industry Group on behalf of Lothway-TBS Pty Limited. Appearing with me is MS J. CHERRY, HR Manager with the company.

PN2

MS C. CHEW: I appear for the AMWU.

PN3

MR C. WINTER: I appear on behalf of the Australian Workers Union.

PN4

THE COMMISSIONER: Thank you. All right. Now we have had a conference in this matter and it might be that that has taken some of the vim out of this hearing but who is going to lead anyway. Mr Rondinelli.

PN5

MR RONDINELLI: Commissioner, I can - yes, bring you through the provisions of the requirements under the Act if that is - - -

PN6

THE COMMISSIONER: Well, it won't be necessary for you to do it in exhaustive detail but you can go ahead.

PN7

MR RONDINELLI: Okay. Commissioner, this is an application made under division 2 of part VIB of the Act for certification of an agreement made in accordance with section 170LJ. The terms of the agreement reached between the company and the AMWU and Australian Workers Union, on behalf of employees covered by the Metal and Engineering and Associated Industries Award 1998. Commissioner, the parties do seek for the Commission to exercise its discretion under section 111(1)(r) of the Act to extend the 21 day limit prescribed in section 170LM(2). The Commission will have noted that, while the agreement was approved by the employees on 7 September 2004, it was not filed until 13 October 2004.

PN8

I am instructed that the reason for the delay in filing was due to some administrative hold ups in processing the agreement. Commissioner, I am instructed that the composition of the work force has not changed since the vote to approve the agreement was taken. The parties have prepared statutory declarations and those original documents, on behalf of the AMWU and AWU, have been handed up to you today and I submit that they meet the requirements of the Act's regulations and rules of the Commission.

PN9

The parties further submit that all the requirements of section 170LJ and 170LT have been met. The agreement contains a disputes settlement procedure at clause 23 of the agreement; the period of operation of the agreement is set out in clause 6 where it is stated that the agreement will expire on 30 June 2006. The parties therefore request that the Commission certify the agreement in the terms sought.

PN10

THE COMMISSIONER: Thank you. Yes, Ms Chew.

PN11

MS CHEW: We endorse the submissions of the company in this regard.

PN12

THE COMMISSIONER: Thank you.

PN13

MR WINTER: We would also support the submissions that have been put forward.

PN14

THE COMMISSIONER: Yes, thanks, Mr Winter. This is an application for certification made pursuant to section 170LJ of the Act and seeking the certification of the Lothway-TBS Pty Limited and AWMU and AWU (Esso sites) Onshore Maintenance Agreement 2004-2006 and I do grant relief in relation to the time issue which has been brought to notice by Mr Rondinelli. The agreement sets out that it applies to the two unions and has application at the sites set out in clause 3 of the agreement and, similarly, the relationship in conjunctional operation with the Metal Award is certain - made clear. The agreement, in my view, confers benefits that cannot be said to disadvantage.

PN15

The agreement operates from 1 April 2004 and continues in force until 30 June 2006. Some time in the conference that precedes this hearing has been spent in discussion as to the disputes procedure and it is clear, and I say this to eliminate any uncertainty which might arise later about the intention of the agreement at 23.4, as advised today this fore-settlement is intended to convey a conciliation function on the Commission. The agreement can be certified in my view and I will certify with effect from today's date and I will sign an instrument later which will be sent to the parties indicating that that is so and that the agreement is certified with effect from today's date but having regard to the term of operation of the agreement to which I have already referred.

ADJOURNED INDEFINITELY [4.19pm]