AG2003/10561, Transcript of Proceedings [2004] AIRCTrans 661 (19 February 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 6066

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

AG2003/10561

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Simon Engineering (Australia)
Pty Limited for certification of Simon
Engineering (Australia) Pty Limited
Certified Construction Agreement
2003-2006

MELBOURNE

11.08 AM, MONDAY, 9 FEBRUARY 2004

PN1

MR J. HOY: I appear for the Australian Industry Group on behalf of Simon Engineering (Australia) Pty Limited.

PN2

MS K. WILD: I appear on behalf of the Australian Manufacturing Workers Union.

PN3

THE DEPUTY PRESIDENT: Thank you very much. Who is going to start?

PN4

MR HOY: Your Honour, this is an application under Division 2 of the Act for certification of an agreement made between the company and the AMWU. I would also ask for you to exercise your discretion under section 111(1)(r) of the Act, to extend the 21 day limit. The agreement was approved by employees on 10 November but not lodged until 22 December. The delay was a result of documents being forwarded to the AMWU on the 19th but not returned to the AIG until 18 December, and they were lodged as soon as possible after that date.

PN5

I can assure the Commission that there has been no change to employee numbers in the intervening period that would alter the outcome of the vote in any way. We would rely on the statutory declarations that accompanied the application as evidence that the Act and requirements have been met, and that the rules and regulations have been complied with. I have a memorandum of understanding that I would like to hand up and place on the Commission's files. It is in relation to the various funds that the parties have agreed, as where the payments will go as part of the agreement.

PN6

THE DEPUTY PRESIDENT: Is this part of the agreement?

PN7

MR HOY: It is not part of the agreement, your Honour, it is just to be placed on the file.

EXHIBIT #H1 MEMORANDUM OF UNDERSTANDING BETWEEN SIMON ENGINEERING (AUSTRALIA) PTY LIMITED AND AMWU

PN8

THE DEPUTY PRESIDENT: Mr Hoy has made it clear the memorandum is not part of the agreement, but nevertheless - - -

PN9

MR HOY: Thank you, your Honour. I would just then conclude by asking that you certify the agreement in the terms sought. If the Commission pleases.

PN10

THE DEPUTY PRESIDENT: Does this agreement replace an earlier agreement or is it a new one?

PN11

MR HOY: I have no instructions on that, your Honour. I would hazard a guess to say it replaces one, but I couldn't give you the detailed information on that.

PN12

THE DEPUTY PRESIDENT: Ms Wild?

PN13

MS WILD: Your Honour, my notes indicate that it does replace a previous agreement that expired on 31 March 2003.

PN14

THE DEPUTY PRESIDENT: Sorry?

PN15

MS WILD: It replaces an agreement that expired on 31 March 2003.

PN16

THE DEPUTY PRESIDENT: All right. And does it contain travel allowance? Yes, it does. No, it doesn't. I think in clause 12.1 there is a typographical error. I mean, I suppose it is almost pedantry to mention it, but nevertheless it refers to site allowances not be claimed on any project. I am sure what is meant is project. Right. Anything else? That is it, I think. First of all, I will extend time as sought. Secondly, on the basis of the statutory declarations filed I will certify the agreement, and a certificate will be issued as soon as possible.

ADJOURNED INDEFINITELY [11.11am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #H1 MEMORANDUM OF UNDERSTANDING BETWEEN SIMON ENGINEERING (AUSTRALIA) PTY LIMITED AND AMWU PN8