AG2004/7714, Transcript of Proceedings [2004] AIRCTrans 4852 (10 December 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Suite 25, Trafalgar Centre 108 Collins St HOBART Tas 7000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 1436

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2004/7714

APPLICATION FOR CERTIFICATION
OF AGREEMENT WITH ORGANISATIONS
OF EMPLOYEES (DIVISION 2)

Application under section 170LJ of the Act
by James Nelson (Tasmania) Pty Limited and
Another for certification of the James Nelson
(Tasmania) Pty Limited Enterprise Agreement

HOBART

9.48 AM, WEDNESDAY, 1 DECEMBER 2004

PN1

THE DEPUTY PRESIDENT: This is an application pursuant to section 170LJ of the Workplace Relations Act for certification of an agreement between James Nelson (Tasmania) Pty Limited and the Textile, Clothing and Footwear Union of Australia in respect to an agreement to be known as the James Nelson (Tasmania) Pty Limited Enterprise Agreement. The company is a constitutional corporation, however the agreement was filed some 36 days out of time. The parties advised the reason for the late service and nevertheless I am advised that there was no industrial action during the time of filing and that the constitution of employees did not change; that is to say that the employees who voted on the agreement are the same employees who are there today.

PN2

Accordingly I will exercise my discretion pursuant to section 111(1)(r) of the Act and extend the statutory time for filing. Neither of the parties are in attendance having been advised that there were no queries in respect to the content of the agreement. Each has provided a fax seeking certification in their absence. The parties have also provided the necessary statutory declarations. Accordingly I am satisfied that the agreement meets the requirements of the Act and can be certified. An order will issue to take effect from today's date. That order will remain in force until 30 September 2005. I note the agreement was to commence on 21 July 2004. That agreement is certified.

ADJOURNED INDEFINITELY [9.50am]