AG2004/8307, Transcript of Proceedings [2004] AIRCTrans 5023 (22 December 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 1126

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT McCARTHY

AG2004/8307

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services
Union of Australia-Plumbing Division Western
Australian Divisional Branch and Another for
certification of the CEPU and Mapstone Carter
Western Australia Enterprise Agreement 2004

PERTH

11.33 AM, MONDAY, 13 DECEMBER 2004

PN1

THE DEPUTY PRESIDENT: Yes, good morning. Mr Young, you're appearing for the CEPU, I take it?

PN2

MR C. YOUNG: Yes, sir. I appear on behalf of the CEPU. So, I understand there will be no appearance by the employer.

PN3

THE DEPUTY PRESIDENT: Yes, okay, thank you. There was - everything seems to be in order with one question I have, and that is clause 7 and in particular, clause 7.1. The issue I have with that Mr Young, is whether it contravenes the provisions of Part XA or section 170NB in that it appears that it provides exclusive representation rights to the CEPU, unless I'm misreading or not comprehending the intent of that properly.

PN4

MR YOUNG: Sir, I would think that with regards to plumbers who under the Federal Award, and this application needs to be read in conjunction with that. the intention is, I would think that in 7.1 that with regards to those people, plumbers that they would be covered by it. Certainly, at first flush it does include the CEPU, I don't think that of necessity makes it exclusive of the CEPU. For example, sir, if the CFMEU, for example, were to have industrial and/or constitutional coverage of roofing plumbers, I don't think that this agreement would exclude them from participating.

PN5

THE DEPUTY PRESIDENT: Yes, it says, "The credited representative is a legitimate representative" so, what you're saying is that if an employee who is covered by this agreement, sought other representation this does not preclude that employee having that representation. Is that?

PN6

MR YOUNG: No. Certainly, sir. Yes, yes.

PN7

THE DEPUTY PRESIDENT: Yes, yes. However, if there is any work place bargaining the CEPU should be included in that, but not necessarily exclusively.

PN8

MR YOUNG: Yes, sir.

PN9

THE DEPUTY PRESIDENT: Yes, that answers my question thank you Mr Young, on that basis the agreement will be certified to take effect on and from today's date and in so certifying the agreement, there was a previous application for certification of another agreement, this in effect displaces that previous agreement and that file will be closed.

PN10

MR YOUNG: Yes.

PN11

THE DEPUTY PRESIDENT: Thank you, Mr Young.

PN12

MR YOUNG: Thank you, sir.

PN13

THE DEPUTY PRESIDENT: This matter is adjourned.

ADJOURNED INDEFINITELY [11.37am]