AG2004/7400, Transcript of Proceedings [2004] AIRCTrans 4566 (24 November 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 3, 105 St George's Tce, PERTH WA 6000
Tel:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 1046

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2004/7400

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Brambles Australia Limited and Another
for certification of the CHEP Canning Vale -
Western Australia Certified Agreement 2004

PERTH

10.47 AM, MONDAY, 15 NOVEMBER 2004

THESE PROCEEDINGS WERE CONDUCTED IN PART BY TELEPHONE LINK UP

PN1

MR T.J. POPE: I appear on behalf of the National Union of Workers.

PN2

THE DEPUTY PRESIDENT: Thank you Mr Pope.

PN3

MR POPE: Thank you sir.

PN4

MS A. HANCOCK: I appear on behalf of Brambles Australia Limited, trading as CHEP.

PN5

THE DEPUTY PRESIDENT: Thank you Ms Hancock. Would you wish to commence Ms Hancock?

PN6

MS HANCOCK: Yes, your Honour. We are seeking registration of an agreement today, which has been reached in accordance with the requirements of section 170LJ of the Workplace Relations Act, as detailed in the statutory declarations submitted on behalf of the company. For the purpose of the Workplace Relations Act 1996 Brambles Australia Limited is a constitutional corporation of which CHEP is the trading company of. The proposed agreement is between the National Union of Workers and Brambles Australia Limited, trading as CHEP, in respect to the employees covered by the Storage, Services, Materials, Handling Award 2002 and the employees who are employed by CHEP in Canning Vale performing equipment repair and forklift operations.

PN7

The agreement was made valid before all employees on 17 September 2004 and an in principle agreement was reached and the employees had over 14 days to consider the document before formally voting on 12 October 2004. As per the statutory declaration there are 51 employees covered by the agreement, of which six are from a non-English speaking background; two are under the age of 21; and one is of Aboriginal or Torres Strait Island descent. Your Honour, I would draw your attention to three clauses in the agreement: clause 5, contains the operation of the agreement, which is for a period of 3 years from the date of certification; clause 8, contains the dispute settlement procedure; and clause 20, contains the wage rates that are to apply over the life of the agreement. It is the company's position your Honour that the agreement meets the principles for certification of an agreement established by the Commission. Thank you.

PN8

THE DEPUTY PRESIDENT: Thank you Ms Hancock. In relation to the renumbering of clauses in the agreement, I would ask if you are able to confirm that the clause for preventing and settling disputes in the agreement, is clause 8, not 7?

PN9

MS HANCOCK: Yes, yes, your Honour, the clauses have been renumbered, there was an error on submission to the Commission of the agreement and in doing that the correct clause number is now number 8 for the dispute settlement procedure.

PN10

THE DEPUTY PRESIDENT: Thank you. In relation to the signature of the NUW, I wonder if you can confirm your understanding that there has been a deletion to the reference to the WA Branch?

PN11

MS HANCOCK: Yes, your Honour. It now just reads: National Union of Workers.

PN12

THE DEPUTY PRESIDENT: And initialled and dated accordingly?

PN13

MS HANCOCK: Yes.

PN14

THE DEPUTY PRESIDENT: Yes. And I would seek your confirmation that the agreement passes the no disadvantage test as of today's date?

PN15

MS HANCOCK: Yes, it does your Honour, as of today's date it passes the no disadvantage test.

PN16

THE DEPUTY PRESIDENT: Thank you for those submissions. I have no further questions. Mr Pope?

PN17

MR POPE: No, I agree with the submissions of my friend from Brambles Deputy President, so unless you have any questions I don't have anything further to add.

PN18

THE DEPUTY PRESIDENT: Thank you.

PN19

MR POPE: Thank you.

PN20

THE DEPUTY PRESIDENT: I have no further questions on the basis that you concur with the submissions of the applicant. I then turn to the agreement itself, which is from an application pursuant to Part VIB, Division 2, section 170LJ of the Act, to certify an agreement to be known as the CHEP Canning Vale Western Australia Certified Agreement 2004. Having heard Ms A. Hancock, on behalf of Brambles Australia Limited, trading as CHEP Australia, Brambles, and Mr T. Pope, on behalf of the National Union of Workers, NUW, and having read the statutory declarations filed by Ms B. Kestel, on behalf of Brambles and Mr M. Pritchard, on behalf of NUW, I am satisfied that the agreement filed relates to a constitutional corporation, namely Brambles Australia Limited, ACN 000164938.

PN21

The NUW has at least one member employed in the part of the single business to which the agreement relates and is entitled to represent the industrial interests of the member. The agreement passes the no disadvantage test. It was made in accordance with section 170LJ, a valid majority of persons employed at the time, whose employment would be subject to the agreement genuinely approved it. The explanation for terms of the agreement was appropriate. It includes procedures for preventing and settling disputes between the employer and the employees whose employment would be subject to it and it specifies a nominal expiry date of not more than 3 years after the date on which the agreement would come into operation.

PN22

There are no reasons set out in section 170LU of the Act why I should refuse to certify the agreement. Accordingly it will be certified with effect from 15 November 2004, to operate in accordance with its terms from that date. The formal certificate will issue in due course. I adjourn this hearing.

ADJOURNED INDEFINITELY [10.54am]