AG2004/1137, Transcript of Proceedings [2004] AIRCTrans 741 (25 February 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 218

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT BLAIN

AG 2004/1137

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LL of the Act
by Thiess Pty Ltd and Another for certification
of the Thiess Pty Ltd Wesfarmers CSBP Plant
Shutdown Agreement 2004

PERTH

3.35 PM, FRIDAY, 13 FEBRUARY 2004

PN1

MR T. DOBSON: I appear on behalf of Thiess Pty Ltd.

PN2

MS K. GROVE: I appear on behalf of the AMWU.

PN3

THE DEPUTY PRESIDENT: Please commence, Mr Dobson.

PN4

MR DOBSON: Yes, Mr Commissioner, this is an application made to certify an agreement between Thiess Pty Ltd and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union. It is an agreement which applies to a shut-down which is to occur at the Wesfarmers CSBP plant site. The Commission, as I understand, has before it the required statutory declarations from both the company and the union. Can I submit to the Commission that we believe this matter meets all the procedural requirements. The Commission would have observed from the terms of the agreement that it is in fact based on the State Metal Trades Award and that it provides rates and conditions in excess of that award and to that extent would certainly meet the no disadvantage test.

PN5

The nominal expiry date of the agreement is to be 1 September 2004 or the completion of works which may be earlier than that date. The Commission would also be aware that a dispute resolution is contained within clause 3.4 of the agreement. And I believe there are no provisions within the agreement that would be objectionable to any provisions of the Act. Can I submit in short, Mr Commissioner, that this in fact the third agreement between these parties in relation to shut-down work at the Wesfarmers CSBP plant. And we would ask the Commission endorse the agreement again on this occasion between the parties. If it please the Commission.

PN6

THE DEPUTY PRESIDENT: Thank you. Mr Dobson, could you clarify the nominal expiry date again. I think you indicated 1 September 2004. Are you able to confirm to that should be added "or the completion of contracted work whichever is the earlier date"?

PN7

MR DOBSON: Yes. That is correct. I thought I had addressed that, Mr Commissioner. The works would certainly be completed either prior to 1 September 2004 but in fact no later than 1 September 2004.

PN8

THE DEPUTY PRESIDENT: Thank you. And can you confirm that the agreement passes the no disadvantage test as of today's date?

PN9

MR DOBSON: It certainly does, Mr Commissioner. As I mentioned, the agreement is based on the terms of the State Metal Trades Award as it stands from time to time, so it provides terms and conditions which are in excess of that award as from whatever applicable date.

PN10

THE DEPUTY PRESIDENT: Thank you for that. And I understand that the signatory clause to the agreement has been annotated or initialled by yourself and the AMWU representative. Is that correct?

PN11

MR DOBSON: That is correct, Commissioner. I believe your Associate attended to that matter prior. We had simply sought, I might say, for our purposes, to ensure that the correct name of the union was identified but, similarly, within the field the union does tend to be known as the Australian Manufacturing Workers Union. But the change or the clarification that you indicated has been made within the documentation. If it please the Commission.

PN12

THE DEPUTY PRESIDENT: Thank you. Ms Grove?

PN13

MS GROVE: Sorry. Thank you, sir. I agree with the submissions of Mr Dobson. And subject to any further questions that you might have, we would seek to have the agreement certified as of today's date.

PN14

THE DEPUTY PRESIDENT: Thank you. If you could just clarify for me the change in the name of your organisation as per the annotations to the last page of the agreement.

PN15

MS GROVE: Clarify that I have actually signed the - I have, sir.

PN16

THE DEPUTY PRESIDENT: Yes.

PN17

MS GROVE: I did that with your Associate just prior to your entering the room.

PN18

THE DEPUTY PRESIDENT: Yes. The purpose of the Commission's requirement there was to bring the name that appeared there and was the signatory title of the organisation to make it the same as that of the officially registered name.

PN19

MS GROVE: Certainly, sir.

PN20

THE DEPUTY PRESIDENT: Thank you.

PN21

MS GROVE: Thank you.

PN22

THE DEPUTY PRESIDENT: This application is pursuant to section 170LL, Part VIB, Division 2 of the Act for an agreement to be known as the Thiess Pty Ltd Wesfarmers CSBP Plant Shut Down Agreement 2004. Having heard Mr T. Dobson on behalf of Thiess Pty Ltd, Thiess, and Ms K. Grove on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the AMWU, and having read the statutory declarations filed by Mr T. Dobson on behalf of Thiess and Mr C. Saunders on behalf of the AMWU, I am satisfied that the agreement filed relates to the constitutional corporation, ACN010221486, namely, Thiess Pty Ltd.

PN23

I am also satisfied that the AMWU has the constitutional coverage to represent the industrial interests of one or more of the persons whose work will be subject to the agreement in relation to the part of the single business to which the agreement relates. I am satisfied that the agreement passes the no disadvantage test, was made in accordance with the requirements of section 170LL, includes procedures for preventing and settling disputes between the employer and employees whose employment would be subject to it, specifies a nominal expiry date not more than 3 years after the date on which the agreement would come into operation; and I am further satisfied that there are no reasons set out in section 170LU of the Act why I should refuse to certify the agreement.

PN24

Thus, it will be certified with effect from 13 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 [3.42pm]