AG2004/1513, Transcript of Proceedings [2004] AIRCTrans 678 (19 February 2004)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL O/N 9174

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2004/1513

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by The Australian Maritime Officers' Union and
Others for certification of the AMOU/P&O Maritime
Services P/L (Deck Officers) Agreement 2003

SYDNEY

9.32 AM, FRIDAY, 6 FEBRUARY 2004

PN1

MR J. WYDELL: I appear for the AMOU.

PN2

MS K. FAIRBAIRN: I appear for P&O.

PN3

THE COMMISSIONER: Yes, Mr Wydell?

PN4

MR WYDELL: This is an application by the Australian Maritime Officers' Union for certification of the P&O Maritime Services Pty Ltd, the Australian Maritime Officers Union, Agreement 2003. Section 170 LH of the Act sets out the requirements. You must be satisfied for an application under Division 2 to certify a section 170LJ agreement. The AMOU would submit that the application is in accordance with Division 2 in that the agreement does pass the nature of the agreement tests as set out in section 170LI and we would say that the matters in sections 170LJ(1) and (3) are satisfied, and we would refer you to parts 5 and 6 of the statutory declaration of Fred Ross. In relation to LM(2) we note that the agreement was lodged out of time and we would request the Commission extend the time for lodgment under section 111(1)(r).

PN5

The AMOU would submit that the six requirements in section 170LT are met in such a way that mandates approval of the agreement by the Commission and we again refer you to parts 6 and 7 of the statutory declaration of Fred Ross. We would also submit that none of the matters referred to in section 170LU exist such that would mandate the Commission to decline to certify the agreement, and on that basis, unless you have any questions, I might sit down.

PN6

THE COMMISSIONER: Thank you. Yes, Ms Fairbairn.

PN7

MS FAIRBAIRN: Your Honour, we would like to support that pro tem OU in this application. We rely on the stat declarations to support that. I would like to note a clerical error in the stat declaration from the union. At 7.6.1 it says that there was no clause specified empowering the Commission to settle the dispute over the application but clearly clause 8 of the agreement provides to go to the Commission in the event of a dispute.

PN8

THE COMMISSIONER: It says "no". There is reference to the Commission but that question doesn't empower the Commission to settle disputes. I don't think it does, does it? It just says "or go to the Commission".

PN9

MS FAIRBAIRN: Well then I will withdraw my - - -

PN10

THE COMMISSIONER: I understand the point. The agreement - it is certainly one that was in the agreement but I note your clarification of that. This is an application by the AMOU and P/O Maritime Services (for short) to have certified an agreement that is to be known as the AMOU/P&O Maritime Services P/L (Deck Officers) Agreement 2003. On the basis of the submissions and documentation the Commission is satisfied the relevant requirements of the Act have been complied with except in that it was not lodged in time but in the circumstances the Commission exercises its powers under section 111 to extend time. The agreement will thus be certified. It will come into force on from 6 February 2004 and will remain in force until 30 June 2006. On that basis these proceedings are now adjourned.

ADJOURNED INDEFINITELY [9.36am]