AG2004/1804, Transcript of Proceedings [2004] AIRCTrans 928 (17 March 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
PO Box A2405 SYDNEY SOUTH NSW 1235
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TRANSCRIPT OF PROCEEDINGS

O/N 9626

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DRAKE

AG2004/1804

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LS of the Act
by Springvale Coal Pty Limited and Another
for certification of the Springvale Coal
Certified Agreement 2004

SYDNEY

10.26 AM, THURSDAY, 26 FEBRUARY 2004

PN1

THE SENIOR DEPUTY PRESIDENT: Can I have appearances please?

PN2

MR C. GILLARD: I appear on behalf of Springvale Coal.

PN3

MR W. McANDREW: I appear on behalf of the CFMEU.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes.

PN5

MR GILLARD: Thank you, your Honour. This is an application made under division 3 of the Workplace Relations Act 1996 for the certification of an agreement made in the accordance with section 170LS. The agreement is known as the Springvale Coal Certified Agreement 2004. Your Honour, the Commission has been provided with, in accordance with the rules of the Commission, an application for certification of the agreement and statutory declarations completed by the company and the CFMEU. Generally, your Honour, the employees voted in the majority to accept the agreement on 30 January 2004. The agreement is for a period of three years and the agreement contains a dispute resolution procedure, part 2, clause 7.

PN6

Also at this point I would like to place on record the company's appreciation and recognition of the co-operation of the employee reps in reaching this agreement. Your Honour, we commend the agreement for certification by the Commission.

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr McAndrew, is there anything you wish to add?

PN8

MR McANDREW: Yes, very briefly, your Honour. As outlined by the company, this is an application for the certification of the agreement known as the Springvale Coal Certified Agreement 2004. The CFMEU, of course, is party under that agreement. The agreement has, as required by the Act, a dispute resolution clause at clause 7 of the agreement. In our view, the agreement meets the rules and obligations of the Workplace Relations Act and I have signed a statutory declaration to that effect and on that basis, we would request that the agreement be certified.

PN9

THE SENIOR DEPUTY PRESIDENT: I understand that the dispute resolution clause refers the matter to the Commission for resolution by conciliation and/or arbitration?

PN10

MR McANDREW: Yes, that's correct.

PN11

THE SENIOR DEPUTY PRESIDENT: Is that the view of both parties?

PN12

MR GILLARD: Yes.

PN13

THE SENIOR DEPUTY PRESIDENT: On that basis, I will approve the certification of the agreement from today's date. The parties are excused.

ADJOURNED INDEFINITELY [10.29am]