AG2003/8491, Transcript of Proceedings [2004] AIRCTrans 777 (26 February 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 2229

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

AG2003/8491

APPLICATION BY OFFICE OF THE
EMPLOYMENT ADVOCATE FOR
REMOVAL OF OBJECTIONABLE
PROVISIONS FROM CERTIFIED
AGREEMENT

BRISBANE

12.24 PM, TUESDAY, 17 FEBRUARY 2004

Continued from 23.1.04 in Melbourne

THIS HEARING WAS CONDUCTED BY VIDEOCONFERENCE
AND RECORDED IN BRISBANE

PN1

THE VICE PRESIDENT: I note there are no appearances in either Melbourne or Brisbane in respect of this matter. My associate has been in contact with the AMWU Vehicle Division, the union respondent to the relevant agreement, and indicated that given their correspondence in respect of the matter there was no need for them to attend.

PN2

I note the Employment Advocate is not in attendance. I am not sure why that is the case, but I don't think there is any impediment to me dealing with their application in their absence, given that they have filed submissions in support of the application. That said, I propose to proceed immediately to decision in respect of this mater.

PN3

This is an application by the Employment Advocate pursuant to Section 298Z of the Workplace Relations Act to remove clause 17 from the Kruger Transport Certified Agreement 2002 to 2004. The terms of the clause in question are set out in the Employment Advocate's submission in respect of this matter. The basis for the application is that clause 17 of the agreement is an objectionable provision within the meaning of Section 298Z(5)(b) of the Act in that it is a provision in a certified agreement that requires payment of a bargaining services fee as defined in Section 298B of the Act.

PN4

The application before me has been made by a person mentioned in Section 298Z(4), that is, the Employment Advocate, and the application is not opposed by the union party to the agreement, the AMWU Vehicle Division. I am satisfied that the agreement contains an objectionable provision within the terms of Section 298Z(5) in that it contains a provision which requires the payment of a bargaining service fee.

PN5

In the circumstances, I am obliged to vary the agreement so as to remove the objectionable provision. I have decided to grant the application and I will issue an order today removing clause 17 from the agreement. There being nothing further, I propose to adjourn. I will issue a decision setting out what I have just recorded, with some editing, later today, and an order will issue giving effect to that decision. I will adjourn.

ADJOURNED INDEFINITELY [12.27pm]