AG2003/9992, Transcript of Proceedings [2004] AIRCTrans 652 (19 February 2004)

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Level 2, 16 St George's Tce, PERTH WA 6000
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TRANSCRIPT OF PROCEEDINGS

O/N 196

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG2003/9992

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Transport Workers' Union of Australia and
Another for certification of the
Wridgways Certified Agreement 2003

PERTH

MONDAY, 9 FEBRUARY 2004

PN1

MR N. HODGSON: I appear on behalf of the Transport Workers' Union of Australia, if it please the Commission.

PN2

MS M. BILSTON: If it please the Commission, we appear on behalf of Wridgways.

PN3

THE DEPUTY PRESIDENT: Thank you. Do you seek leave to appear?

PN4

MS BILSTON: I certainly do, thank you.

PN5

THE DEPUTY PRESIDENT: Mr Hodgson?

PN6

MR HODGSON: No objection, your Honour.

PN7

THE DEPUTY PRESIDENT: Leave is granted.

PN8

MS BILSTON: Thank you.

PN9

THE DEPUTY PRESIDENT: Mr Hodgson?

PN10

MR HODGSON: Your Honour, this is an application made pursuant to section 170LJ of the Workplace Relations Act. It is an application to certify an agreement known at the Wridgways Certified Agreement 2003. The parties to the agreement are the Transport Workers' Union of Australia and Wridgways Limited. Statutory declarations have been provided, your Honour, and we believe it satisfies the requirements of the Act. I note there were a number of queries that the Commission had in a fax sent to the parties on 30 January last. Did you want me to go through those now?

PN11

THE DEPUTY PRESIDENT: Indeed, if you are in a position to do so.

PN12

MR HODGSON: Yes. In terms of the first query, your Honour, was regarding the employer statutory declarations. I can confirm that the ACN number is the one that is quoted in the fax, that is, 065 419 712 and I can also confirm the TWU has at least one member in the business whose employment will be subject to the agreement. And I accept that the award mentioned in the agreement should be the Transport Workers Award 1998, not 1983 as is in the agreement. I think that is the pre-simplified version of the Award, your Honour.

PN13

I discussed point 2 with the company's representative prior to today's hearing and I can state that the application does satisfy section 170LJ(2) in that the copy of the agreement was made available to the employees on Friday, 13 October 2003. And in terms of the last point, your Honour, the TWU, and I am sure the company acknowledge that the certified agreement comes into the operation on the date that it is certified and so therefore, clause 5 should reflect that rather than on the date of signing. The date of signing was an administrative arrangement but we accept that - I mean, the undertakings given on the date of signing is an administrative arrangement that we accept that the agreement comes into operation on the day it is certified. If it please the Commission.

PN14

THE DEPUTY PRESIDENT: Thank you, Mr Hodgson. And may I have your confirmation that the agreement passes the no disadvantage test as of today's date?

PN15

MR HODGSON: Oh, yes. Just as I was sitting down I remembered that part, sir. Yes, I can confirm that as of today's date the agreement passes the no disadvantage test.

PN16

THE DEPUTY PRESIDENT: Thank you. Ms Bilston?

PN17

MS BILSTON: Thank you, sir. At the risk of repeating what the union has already presented, we do confirm that the ACN number is 065 419 712. To our knowledge, as we have been advised by the Union, that there is one member who will be covered by the particular agreement and in relation to question 7.1, we certainly can confirm, sir, that the Transport Workers Award 1998 is the correct award.

PN18

In relation to the statutory declarations, we agree with the Union in that we, to our knowledge, the employer provided a copy to the employees of the agreement on 13 October 2003 and I believe that there was further meetings held following that between the employees and the Unions. In relation to clause 5, section 170LX(1) we agree with the Union in that it was an agreement between the employer and the Union that the certified agreement will be paid as of the agreed date and that upon registration, of course, we do understand that it would be a certified agreement as of that date.

PN19

THE DEPUTY PRESIDENT: Thank you for that.

PN20

MS BILSTON: Thank you, sir.

PN21

THE DEPUTY PRESIDENT: The Commission has no further queries so unless there are any further submissions, I will proceed to the certification noting it is an application pursuant to section 170LJ of the Workplace Relations Act 1996 to certify an agreement to be known as the Wridgways Certified Agreement. Having heard Mr N. Hodgson on behalf of the Transport Workers Union of Australia, the TWU, and Ms M. Bilston on behalf of Wridgways Limited and having read the statutory declarations filed by Mr J. Allen on behalf of the TWU and Mr R. Sims on behalf of Wridgways Limited, I am satisfied that the agreement filed does relate to constitutional corporation ACN 065 419 712, namely Wridgways Limited.

PN22

The TWU does have at least one member employed in the part of a single business to which the agreement relates and is entitled to represent the industrial interests of the member. The agreement does pass the no disadvantage test, it was made in accordance with section 170LJ and a valid majority of persons whose employment would be subject to the agreement and who were employed at that time, genuinely approved the agreement. Its explanation of terms was appropriate.

PN23

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 3 years after the date on which the agreement will come into operation. There are no reasons set out in section 170LU of the Act justifying refusal of certification. Hence, it will be certified with effect from 9 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 [3.53pm]