AG2003/10353, Transcript of Proceedings [2004] AIRCTrans 478 (5 February 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N F166

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2003/10353

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Amcor Fibre Packaging - Spearwood
Mill and Others for certification of the
Amcor Packaging Australasia Spearwood
Mill (Enterprise) Agreement 2003

PERTH

4.02 PM, TUESDAY, 27 JANUARY 2004

PN1

MS C. DORIZZI: I am from the Chamber of Commerce and Industry of Western Australia, appearing on behalf of Amcor Limited.

PN2

MR J. FIALA: If it pleases the Commission, I appear on behalf of the Communication, Electrical, Electronic, Energy Information, Postal Plumbing and Allied Services Union of Australia, the CEPU.

PN3

MS K. GROVE: I appear on behalf of the AMWU.

PN4

THE DEPUTY PRESIDENT: Thank you. Ms Dorizzi, would you wish to commence now.

PN5

MS DORIZZI: Thank you. We submit that the agreement filed is on behalf of Amcor Limited. The agreement applies to the operational unit being Amcor Fibre Packaging at Spearwood Mill at 381 Phoenix Road, Bibra Lake. The agreement is lodged under Division 2 of Part VIB of the Workplace Relations Act. The agreement is binding on employees bound by the Pulp and Paper Industry Production Award 1999 and the Pulp and Paper Industry Maintenance and Services Award 2003 and it will cover 69 employees.

PN6

The agreement was genuinely approved by a valid majority of employees employed on 25 November 2003. Adequate opportunity was afforded to employees to decide whether they wanted to give approval to the agreement through both personal and direct communication to all available employees. Written correspondence was made to those employees not available at the workplace. At least 14 days before any approval was given the proposed agreement was supplied in both hard and soft copy on site in all control rooms before entering the 14 day period. Copies were also provided to all shift representatives. Discussions took place over several meetings and letters were sent to every employee's home address explaining the terms of the agreements to the employees.

PN7

My understanding is that this agreement is a consolidation of a number of other agreements. I would also just like to point out with clause 13, clause 13 I understand is now clause 38 and that is why there is a clause number with no content - sorry, 68. On balance, certification of this agreement would not result in a reduction of the overall terms and conditions of employment of employees when tested against both the Pulp and Paper Industry Production Award 1999 and the Pulp and Paper Industry Maintenance and Services Award 2003.

PN8

The agreement contains a dispute settlement clause found at clause 15 and the nominal expiry date of the agreement is 30 June 2005. I also understand that a number of queries were raised by yourself and I understand your associate received the responses to your queries on 21 January from Mr Tim Rose. The necessary statutory declarations have been filed by all the parties and we are seeking certification with effect from the first pay period commencing on or after today's date. May it please the Commission.

PN9

THE DEPUTY PRESIDENT: Yes. Thank you, Ms Dorizzi. Can you confirm that the agreement passes the no disadvantage test in respect of the two awards as of today's date?

PN10

MS DORIZZI: Yes. My understanding is that it does pass as at today's date. I've received those instructions from Mr Rose from Amcor.

PN11

THE DEPUTY PRESIDENT: Thank you for that. Mr Fiala?

PN12

MR FIALA: Yes, thank you, sir. I would just like to say that I concur with the submissions put by Ms Dorizzi and seek the certification as of today's date. Thank you.

PN13

THE DEPUTY PRESIDENT: Thank you, Mr Fiala. Ms Grove?

PN14

MS GROVE: Thank you, sir. I actually have nothing further. We received a copy of the amendments that were issued as a result of the matters that you raised and we concur with the rest of the submissions and we seek to have the agreement registered.

PN15

THE DEPUTY PRESIDENT: Thank you. I now proceed to the certification of the agreement having no further questions. I note it is an application pursuant to the Part VIB Division 2, section 170LJ of the Act to certify an agreement to be known as the Amcor Packaging Australasia Spearwood Mill (Enterprise) Agreement 2003. Having heard Ms C. Dorizzi on behalf of Amcor Limited, trading as Amcor Fibre Packaging Spearwood Mill, Amcor and Mr J. Fiala on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal Plumbing and Allied Services Union of Australia, the CEPU and Ms K. Grove on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union or AMWU and having read the statutory declarations filed by Mr T. Rose on behalf of Amco, Mr W. Game on behalf of the CEPU and Mr R. Knox on behalf of the AMWU, I am satisfied that the agreement filed relates to a constitutional corporation, ACN 000 017 73 - correct that, 372, namely Amcor Limited, trading as Amcor Fibre Packaging Spearwood Mill.

PN16

The CEPU and AMWU have at least one member employed in the part of the single business to which the agreement relates and are entitled to represent the industrial interests of the member. The agreement passes the no disadvantage test. It was made in accordance with section 170LJ and a valid majority of persons employed at the time whose employment would be subject to the agreement, genuinely approved it. The explanation of the 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 three years after the date on which it would come into operation.

PN17

I am further satisfied that there are no reasons set out in section 170LU of the Act, why I should refuse to certify the agreement thus it will be certified with effect from 27 January 2004, to operate in accordance with its terms from the same date. The formal certificate will issue in due course. I adjourn this hearing.

ADJOURNED INDEFINITELY [4.09pm]