AG2004/7197, Transcript of Proceedings [2004] AIRCTrans 4550 (23 November 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 2501

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMPTON

AG2004/7197

APPLICATION TO TERMINATE AGREEMENT

Application under section 170MH of the Act
by Southcorp Wines Pty Limited to terminate
the Southcorp Wines Pty Limited Barossa
Wineries Enterprise Agreement - 2001

ADELAIDE

2.30 PM, FRIDAY, 12 NOVEMBER 2004

PN1

MR C. RAMAGE: I appear on behalf of Southcorp Wines.

PN2

MR P. LAMPS: I appear on behalf of the Australian Workers Union.

PN3

MR M. EMMERSON: I appear on behalf of the Australian Manufacturing Workers Union and its members at Southcorp.

PN4

THE DEPUTY PRESIDENT: Mr Ramage?

PN5

MR RAMAGE: Sir, perhaps I had better just seek leave to amend my application in relation to this matter. In relation to the grounds upon which this application is made, I would just seek to amend that to incorporate that the matter of the Southcorp Wines Pty Limited Barossa Wineries Maintenance Agreement - 2004, if you could just insert there, the date being 12 November 2004?

PN6

THE DEPUTY PRESIDENT: Yes.

PN7

MR RAMAGE: No doubt, sir, you will be obviously familiar with this matter and I think you provided some guidance to the parties when we were last before you on the last occasion with respect to this. This application merely seeks to deal with the federal agreement I guess that is residual or at least has continued on in force under the Act. Given that the wineries maintenance agreement for the Barossa has now been approved by you, to avoid any uncertainty or ambiguity that might arise by having those agreements potentially operating concurrently with one another, I guess the winery has taken notice about that and is now seeking that that agreement be terminated accordingly by the Commission, may it please the Commission.

PN8

THE DEPUTY PRESIDENT: Very well, Mr Ramage. Mr Lamps?

PN9

MR LAMPS: Deputy President, I rise in support of the submission made this afternoon with respect to this matter, the submission made by Mr Ramage and would wholly concur with that, if it please the Commission.

PN10

THE DEPUTY PRESIDENT: Very well, Mr Lamps. Mr Emmerson?

PN11

MR EMMERSON: Thank you. The Australian Manufacturing Workers Union has no objection today to what is to proceed this afternoon and we would also support it.

PN12

THE DEPUTY PRESIDENT: Very well. Anything further?

PN13

MR RAMAGE: Nothing further, sir.

PN14

THE DEPUTY PRESIDENT: Very well. This is an application to terminate a certified agreement in the public interest after the nominal expiry date. The circumstances of this application are well known to the parties and indeed to this arm of the Commission. I note for the record that the South Australian Industrial Relations Commission has recently approved an agreement applying to the same group of employees and the view that I would take is that it is at least arguable if not probable that unless this agreement were to be terminated it would have the affect of preventing the South Australian agreement applying. In that context, section 170MH requires the Commission to take the necessary steps to obtain the views of the persons bound by the agreement and in my view I have done that by hearing from the union parties including the CEPU who have also supported the application.

PN15

Secondly, my obligation is to terminate the agreement if I consider that it is not contrary to the public interest to so do. Now, in my view, it would not be contrary to the public interest to terminate this agreement given that the South Australian agreement has been made between the parties and approved by that Commission. The parties obviously intend that it operate. It applies to the same group of employees in largely the same, in fact, improved terms compared with this present agreement and in my view not only would it not be contrary, it would be in the public interest to terminate the agreement. So accordingly, I confirm that the Commission will issue orders terminating this agreement pursuant to section 170MH of the Workplace Relations Act 1996.

PN16

The Act provides that the termination takes effect when the Commission's orders take effect and in that context I would propose that the Commission's orders would take effect as at 12 midnight tonight. Unless there is anything further?

PN17

MR EMMERSON: Commissioner, if I may?

PN18

THE DEPUTY PRESIDENT: Yes.

PN19

MR EMMERSON: Without sounding ignorant, I am a bit unaware of the procedure that is involved in these terminations. I do today have before me a stat dec for the application for termination. Would that need to be handed up now?

PN20

THE DEPUTY PRESIDENT: No, it does not, no.

PN21

MR EMMERSON: It does not. Thank you, Commissioner.

PN22

THE DEPUTY PRESIDENT: Very well, thank you. Well, that concludes that matter.

ADJOURNED INDEFINITELY [2.35pm]