AG2003/10366, Transcript of Proceedings [2004] AIRCTrans 636 (13 February 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 2, 16 St George's Tce, PERTH WA 6000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 189

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2003/10366

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 - Electrical Division Western
Australia Divisional Branch and Another
for certification of the Roche Castings
Pty Ltd Certified Agreement 2003-2006

PERTH

4.00 PM, WEDNESDAY, 4 FEBRUARY 2004

PN1

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

PN2

MR S. McPHERSON: I appear on behalf of Roche Castings Pty Ltd.

PN3

THE DEPUTY PRESIDENT: Thank you, Mr McPherson. Mr Fiala?

PN4

MR FIALA: Yes, thank you, sir. Sir, today we are seeking the certification of the Roche Castings Pty Ltd Certified Agreement 2003-2006, pursuant to section 170LJ of the Workplace Relations Act. If I may just speak a little bit to the agreement? Clause 3: Parties Bound. The parties are Roche Castings Pty Ltd, the CEPU, and employees that are engaged in the occupations or callings in the Metal Trades General Award, who are not bound by a registered Australian workplace agreement.

PN5

Clause 4, sir, provides choice of agreement for employees and that choice is provided for both new and existing employees whose workplace agreement should expire during the term of this certified agreement. Clause 5, sir: Date and Period of Operation. The agreement shall operate from the date of certification until 21 August 2006, which is a date not more than three years from the date of certification. Under clause 32: Wage Increases, sir. The agreement provides for three wage increases. The first being 3-and-a-half percent from 22 August 2003, 4 percent from 22 August 2004, and 4 percent from 22 August 2005. A total of 11-and-a-half percent in wage increases.

PN6

The agreement does provide for the settlement of disputes, and that applies at clause 34, titled: The Dispute Resolution Clause. So there is a mechanism for resolving disputes at the work place. Also, sir, clause 42, there is an anti-discrimination provision that the agreement provides for, and my understanding is that that is in accordance with the Act. Sir, if I may just briefly touch on the statutory declaration. As required by the Commission, I hereby state that I did swear my stat dec at Balcatta on 15 December 2003, sir. Sir, the application is being made under Division 2, Part V1B of the Workplace Relations Act. The nature of the business is - it is the company's Perth foundry operations. The organisation of employees, being the CEPU, has at least one member at the workplace to comply with that provision.

PN7

Sir, the agreement was approved by a valid majority of employees on 25 November 2003. The total number of employees covered by the agreement is 42. The agreement is based on the Metal Trades General award and on balance, there is no reduction of overall terms and conditions of the said award. Finally, sir, we believe that via correspondence we have addressed your concerns as raised in your fax of 15 January '04. And, sir, I certainly commend the document to you and seek the certification as of today's date. And, sir, that ends my submissions. Thank you.

PN8

THE DEPUTY PRESIDENT: Thank you, Mr Fiala for those comprehensive submissions. Can you confirm for me that the agreement passes the no disadvantage test as of today's date?

PN9

MR FIALA: Yes, sir, it does.

PN10

THE DEPUTY PRESIDENT: Thank you for that.

PN11

MR FIALA: Thank you.

PN12

THE DEPUTY PRESIDENT: Mr McPherson, I wondered if you would wish to make any submissions in support of the certification of the agreement by the Commission?

PN13

MR McPHERSON: Deputy President, I concur with the comments made by Mr Fiala and on behalf of Roche Casting Pty Ltd.

PN14

THE DEPUTY PRESIDENT: Thank you for that confirmation of support for certification. The Commission having no further questions - all questions having been answered to the Commission's satisfaction. I note as submitted it is an application pursuant to section 170LJ, of Part VIB, Division 2 of the Act for the certification of agreement to be known as the Roche Casting Pty Ltd Certified Agreement 2003-2006.

PN15

Having heard Mr J. Fiala on behalf of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, CEPU and Mr S. McPherson on behalf of Roche Castings Pty Ltd, Roche. Having read the statutory declarations filed by Mr J. Fiala on behalf of the CEPU and Mr S. McPherson on behalf of Roche, I'm satisfied that the agreement filed relates to a constitutional corporation namely, Roche Castings Pty Ltd ACN 103 250 773.

PN16

The CEPU 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. It passed 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 the agreement. The explanation of the terms of the agreement was appropriate. It includes procedures for preventing and settling disputes between the employer and employees whose employment would be subject to the agreement.

PN17

It specifies a nominal expiry date of not more than three years after the date on which the agreement would come into operation. 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. Accordingly, it will be certified with effect from 4 February 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 [4.07pm]