AG2003/10446, Transcript of Proceedings [2004] AIRCTrans 662 (19 February 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6065

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

AG2003/10446

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Wodonga Pipe Rocla Pty Limited for
certification of Wodonga Pipe Rocla Pty
Limited Enterprise Agreement 2003-2006

MELBOURNE

11.03 AM, MONDAY, 9 FEBRUARY 2004

PN1

MR J. HOY: I appear for the Australian Industry Group on behalf of Rocla Pty Limited.

PN2

MR C. WINTER: I appear on behalf of the Australian Workers Union.

PN3

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

PN4

MR HOY: I will, your Honour. Again, this is an application under Division 2 of the Act for certification of an agreement between the company and the AWU. I would also ask for you to exercise your discretion under 111(1)(r) of the Act, to extend the 21 day limit. The agreement was approved on 12 November, but not lodged until 17 December. There was a delay in receiving the documentation back from the company. There has been no change to the work force in that intervening period. I would seek to rely on the statutory declarations that accompanied the application as meeting the requirements of the rules, the Act and regulations of the Commission, and we would ask that you certify the agreement from today's date. If the Commission pleases.

PN5

THE DEPUTY PRESIDENT: And the reason why it was two weeks out of time?

PN6

MR HOY: It was a delay in receiving the documentation back from the company that caused us to - by the time we got it back and put it all together there was a short delay.

PN7

THE DEPUTY PRESIDENT: Thank you very much.

PN8

MR WINTER: Yes, in relation to the application for extension of time, we would also support that application. I can confirm that we received the documentation, and if you look at the statutory declaration signed by Mr Bongetti, it was signed on 18 November. We then forwarded it back to the company. As I understand it the company processed the agreement, and thus they passed it on to the AIG, and that clearly was the reasons for the delay. And unless you have any questions, your Honour, I would rely on Mr Bongetti's statutory declaration, as the organiser who negotiated the agreement.

PN9

THE DEPUTY PRESIDENT: Thank you very much. First of all, I will extend time as sought by the parties, for the reasons provided by them. Secondly, based on the material in the statutory declarations filed and the submissions put today, I will certify the agreement as sought.

ADJOURNED INDEFINITELY [11.06am]