AG2004/1558, Transcript of Proceedings [2004] AIRCTrans 663 (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 6064

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

AG2004/1558

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Australian Workers Union and Others
for certification of the Henry Jones Foods
(Enterprise Bargaining) Agreement 2003

MELBOURNE

11.00 AM, MONDAY, 9 FEBRUARY 2004

PN1

MR J. HOY: I appear for the Australian Industry Group on behalf of Henry Jones Foods.

PN2

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

PN3

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

PN4

MR S. McKAY: I appear on behalf of the CEPU Electrical Division.

PN5

THE DEPUTY PRESIDENT: Terrific. So who would like to start?

PN6

MR HOY: I will start, your Honour. Your Honour, this is an application under Division 2 for the certification of an agreement made between the company, the AMWU, CEPU and the AWU. I would ask for you to exercise your discretion under 111(1)(r) of the Act, to extend the 21 day limit. The agreement was approved by employees on 17 December, but not filed until 23 January. I can assure the Commission there has been no change to employee numbers in the intervening period. The reason for the delay was the Christmas break, where we had difficulty getting documents to and from the various parties who were signing it.

PN7

Apart from that, your Honour, I would rely on the statutory declarations that accompanied the application, and that we would say that all the requirements of the Act, regulation and rules of the Commission, and we ask that you certify the agreement from today's date. If the Commission pleases.

PN8

THE DEPUTY PRESIDENT: Right. Could you explain to me why the - I take it - well, two things; first of all, the signature of the parties to the agreement seems to occur on different pages, and secondly, the agreement has a header on each page which refers to it as a draft agreement. I take it I am to disregard that, and it is the final agreement, is it?

PN9

MR HOY: It is the final agreement, but just an error in not removing it from the header.

PN10

THE DEPUTY PRESIDENT: Yes.

PN11

MR HOY: The different pages, your Honour, is based on the fact that agreements were sent at the same time to each of the parties, so when they were returned they were all on different copies.

PN12

THE DEPUTY PRESIDENT: Understood. Thank you for that. Right, who wants to go next?

PN13

MR WINTER: Yes, your Honour. I would support the submissions made, and also rely on the statutory declaration that was put forward with the agreement. I can confirm clearly the agreement was late due to Christmas. We closed on 19 December, and didn't reopen until the 5th, so if the Commission pleases.

PN14

THE DEPUTY PRESIDENT: Thank you.

PN15

MS WILD: Thank you, your Honour. We would also support the application and the application for the extension of time.

PN16

MR McKAY: If the Commission pleases, the CEPU Electrical Division would fully support the application and the submission given by the AIG for certification of the aforesaid agreement. If the Commission pleases.

PN17

THE DEPUTY PRESIDENT: Thank you very much. First of all, I will extend time as sought, and secondly, I will certify the agreement based on the material in the statutory declarations and the submissions put today. A certificate will issue as soon as possible.

ADJOURNED INDEFINITELY [11.03am]