AG2004/1573, Transcript of Proceedings [2004] AIRCTrans 540 (10 February 2004)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL O/N 1349

RELATIONS COMMISSION

COMMISSIONER DANGERFIELD

AG2004/1573

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Serco Australia Pty Limited and Another for
certification of the Serco Passenger Vehicle
Transport Enterprise Agreement 2004

ADELAIDE

11.45 AM, FRIDAY, 30 JANUARY 2004

PN1

MR L. BELL: I appear on behalf of the Transport Workers' Union of Australia.

PN2

MR P. BAXTER: I appear for Serco in these proceedings.

PN3

THE COMMISSIONER: Mr Bell?

PN4

MR BELL: Yes, Commissioner. Before you today is an agreement signed by Mr Don Corey for the company, Mr J. Allen, the Federal Secretary and Mr Gallacher, the Branch Secretary. It has been lodged with the Commission under division 2, section 170LJ of the Australian Workplace Relations Act. The Transport Workers' Union is the organisation legally entitled to represent the interests of the employees covered by this agreement. The Transport Workers (Passenger Vehicles) Award 2000 is the Award that underpins this agreement and the requirements to be satisfied under section 170LT of the Act are addressed in statutory declarations which I understand the Commission has - been delivered to you, signed by Mr Allen for the union and Mr Corey for the company.

PN5

Commissioner, the agreement does not, in relation to the terms and conditions of employment, disadvantage employees who are covered by this agreement. The agreement at clause 10 provides for procedures for settling any disputes which may arise during the course of this agreement and in particular allows for settlement by the AIRC at clause 10.1.6. The agreement applies to part of the single business and employees covered by this agreement have been consulted at meetings - conducted at numerous meetings. Draft copies of the agreement were circulated to employees and a formal vote was conducted by ballot. The ballot result was counted on 21 January 2004, at which the majority voted in favour of the agreement.

PN6

The agreement provides for consultation of employees in relation to changes that may affect employees during the course of this agreement. The total number of employees covered by this agreement is 621. In respect of section 170LT(7), there are 60 female employees, there are 41 part-time employees, and there are 88 casual employees. Commissioner, pursuant to Part VIB, division 4, we seek that this agreement be known as the Serco Passenger Vehicle Transport Enterprise Agreement 2004, operative from today's date, expiring in 18 months time and be certified as of today.

PN7

THE COMMISSIONER: Yes, thank you, Mr Bell. Mr Baxter?

PN8

MR BAXTER: Thank you, Commissioner. The company supports the position that has been advanced by the union. A couple of administrative matters, should the agreement be certified by yourself this morning, Commissioner, the payments will be made next week. We have already geared up the payroll system to take care of that and I refer to the increases and the sign-on bonus.

PN9

There are some changes in rosters that are provided for in this agreement. They will be promptly introduced and we are consulting with the union about their implementation. Due to their intricacy, it will take about a month for that process to work in and we will be consulting widely with the delegates from the union to ensure that that process is facilitated and expedited so that there is minimal disruption during the transition phase. And as I said before, the company supports the agreement going through and I take the opportunity to put on the record the company's thanks to the delegates, in a very difficult industrial environment, for the maturity in which they have conducted themselves during the course of the discussions, and we look forward to further negotiations to take place in the next 18 months or so. Thank you.

PN10

THE COMMISSIONER: Thank you, Mr Baxter. I just hope the parties got the numbers right?

PN11

MR BAXTER: Yes.

PN12

THE COMMISSIONER: I know it was a close vote and when I heard the result of the ballot, I just thought - well, I hope there is a double-check of the results here.

PN13

MR BAXTER: Yes, the statutory declarations indicate the result, Commissioner.

PN14

THE COMMISSIONER: Yes.

PN15

MR BELL: Was it actually three counts or four we did?

PN16

THE COMMISSIONER: Yes, and I can indicate for the record that this application has had a long gestation period, more than most, and the Commission has had the opportunity of examining the agreement in some detail again, more than it examines most agreements. I have also perused the statutory declarations that have been lodged and are on file from Don Corey, General Manager, Serco Australia Pty Limited, the employer in this matter and John Allen, Federal Secretary, Transport Workers' Union in support of this application for certification of an agreement pursuant to division 2 of Part VIB of the Act.

PN17

Those statutory declarations are in order. Having heard from the parties today in relation to this application, I note firstly that the Transport Workers (Passenger Vehicles) Award 2002 is the relevant award for the purposes of the no disadvantage test and having compared the provisions of the agreement with those of the award, I am satisfied that the agreement passes the no disadvantage test as required by section 170LT(2). Next, I note that the agreement at clause 10 includes procedures for preventing and settling disputes between the parties as required by section 170LT(8).

PN18

The Commission is satisfied from a perusal of the statutory declarations that, as required by section 170LT(5), a valid majority of persons employed at the time genuinely approved the agreement and that in accordance with section 170LT(7) of the Act the explanation of the terms of the agreement took place in ways that were appropriate, having regard to the particular circumstances and needs of the relevant employees. Accordingly, in all the circumstances the Commission is pleased to certify the Serco Passenger Vehicle Transport Enterprise Agreement 2004 to be operative from today's date, the date of certification, 30 January 2004.

PN19

In accordance with clause 6 of the agreement, it will remain in force for a period of 18 months therefrom, being a date that in accordance with section 170LT(10) is not more than 3 years after the date on which the agreement will come into operation. Again, I would say to the parties that this has been - has had, as I say, a very difficult gestation period, but at the end of the day I do believe that the agreement is a significant move forward and I too would like to add my congratulations to the parties, particularly to the delegates who are here, and I would like to formally record that on transcript.

PN20

I know it has been a very difficult time for everyone concerned, for management, for the union, and particularly for the negotiating committee but I do believe that at the end of the day that the right decision was made, that this is an appropriate agreement and that things will carry forward. It is only a relatively short-term agreement for the period of 18 months and no doubt we will be renewing our acquaintances in due course, but in the meantime I wish the parties all the best with this agreement and thank them for their co-operation in the past and offer my congratulations. The Commission stands adjourned.

ADJOURNED INDEFINITELY [11.53am]