AG2004/1399, Transcript of Proceedings [2004] AIRCTrans 448 (5 February 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 5900

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER MANSFIELD

AG2004/1399

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Australian Liquor, Hospitality and
Miscellaneous Workers Union - Victorian
Branch and Another for certification of the
Clark Site Security Services (Olex Cable)
Enterprise Agreement 2003

MELBOURNE

10.03 AM, THURSDAY, 22 JANUARY 2004

PN1

MR N. CAMPBELL: I appear on behalf of the ALHMWU.

PN2

THE COMMISSIONER: Thanks, Mr Campbell. This is an application under section 170LJ of the Workplace Relations Act for the certification of an agreement between the Australian Liquor, Hospitality and Miscellaneous Workers Union, Victorian Branch and Clark Site Security Services. Mr Campbell, would you like to take us through the application, please, in terms of the requirements of the Act?

PN3

MR CAMPBELL: Yes, Commissioner. Commissioner, there should be a statutory declaration on your file from a Mr Terry Breheny, who is the assistant secretary of the union and acting secretary of the time when the statutory declarations were signed. There should also be a statutory declaration on your file from a Mr David Clark.

PN4

THE COMMISSIONER: Yes, there is, Mr Campbell.

PN5

MR CAMPBELL: Who I presume to be the owner of the employing company. Commissioner, there is some three employees employed by this employer on the relevant site to be covered by the agreement. The agreement was approved by the employees on 29 December 2003 following a number of meetings which were addressed by the relevant union organiser, and the employer. The employees had the agreement for the requisite amount of time pursuant to the Act. The required clauses are contained in the agreement; dispute resolution clause, and the anti-discrimination clause.

PN6

THE COMMISSIONER: And it meets the no disadvantage test, Mr Campbell?

PN7

MR CAMPBELL: Yes, Commissioner, it meets the no disadvantage test. In our submission there is no reduction in the entitlements - of any entitlement for employees, Commissioner. And we submit that it in all ways meets the requirements of the Act and we support the certification of the agreement.

PN8

THE COMMISSIONER: Thank you, Mr Campbell. Taking note of the statutory declarations lodged by the parties to this agreement and the submissions of Mr Campbell, I am satisfied that the application meets the requirements of the Workplace Relations Act insofar as the certification of the agreement is concerned, and I propose to certify the agreement as sought by the parties. This matter is now adjourned.

ADJOURNED INDEFINITELY [10.06am]