AG2004/7433, Transcript of Proceedings [2005] AIRCTrans 1048 (29 April 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11331-1

COMMISSIONER CRIBB

AG2004/7433

APPLICATION BY MELBOURNE WATER CORPORATION AND OTHERS
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2004/7433)

MELBOURNE

3.34PM, TUESDAY, 19 APRIL 2005

Continued from 28/9/2004

PN1

MS J KARSLAKE: If the Commissioner pleases, I appear on behalf of the ASU.

PN2

THE COMMISSIONER: Thank you Ms Karslake.

PN3

MR C O'LOUGHLIN: I appear on behalf of APESMA.

PN4

THE COMMISSIONER: Thank you, Mr O'Loughlin.

PN5

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

PN6

THE COMMISSIONER: Thank you, Mr Winter.

PN7

MS E CALLANDER: I appear with MR T. LA PILA on behalf of Melbourne Water.

PN8

THE COMMISSIONER: Ms Karslake?

PN9

MS KARSLAKE: If the Commission pleases we would like to submit the Melbourne Water Certified Agreement for certification. The agreement was lodged I think originally with the Commission some time ago but it was written in 21 days of the ballot that was undertaken and approved by a majority of employees. We believe the agreement meets all the requirements under the Act and the Commissioner is familiar with the agreement. There are a couple of matters that we originally had agreed to read onto transcript but the parties are happy for those pieces of correspondence from Melbourne Water which settle a number of issues about interpretation of the agreements and we are happy to have those placed on file, if that is - - -

PN10

THE COMMISSIONER: Yes.

PN11

MS KARSLAKE: You are happy with that.

PN12

THE COMMISSIONER: Yes. That is fine, Ms Karslake.

PN13

MS KARSLAKE: Would you like me to hand them up to you now?

PN14

THE COMMISSIONER: It would be helpful, thank you.

PN15

MS KARSLAKE: The first piece of correspondence is dated 8 June and is an assurance from the authority of Melbourne Water with regard to severance entitlements. The next piece of correspondence is in relation to the sewerage field and ICC teams with regard to consultation processes for possible restructure. That is dated 9 June. The third piece of correspondence relates to a clarification of the meaning of the availability clause in the agreement which is on
10 September. The last piece of correspondence which relates to the progression of technical professionals in the agreement and the definition of technical professionals and that is dated 28 July.

PN16

THE COMMISSIONER: Mr O'Loughlin?

PN17

MR O'LOUGHLIN: Thanks, Commissioner. The association support of the application for certification which is before you today. My understanding is you have all the appropriate documentation required as per - upon the association and on that basis Commissioner we seek the certification before you, if the Commission pleases.

PN18

THE COMMISSIONER: Thank you, Mr O'Loughlin. Mr Winter?

PN19

MR WINTER: Yes we would support certification form today's date.

PN20

THE COMMISSIONER: Thank you, Mr Winter. Ms Callander?

PN21

MS CALLANDER: Yes, the corporation, Melbourne Water Corporation, also supports certification of the agreement as has been reached between the parties.

PN22

THE COMMISSIONER: Thank you, Ms Callander. Having heard the submissions of the parties together with the statutory declarations that have been submitted in support of the application and taking into account the terms of the agreement itself, I am satisfied the agreement meets the relevant requirements of the Act and the rule. Consequently I shall certify the agreement from today's date. This matter is now adjourned.

<ADJOURNED INDEFINITELY [3.38PM]