AG2005/3820, Transcript of Proceedings [2005] AIRCTrans 1166 (17 May 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11503-1

COMMISSIONER GAY

AG2005/3820

APPLICATION BY CA GROUP AUSTRALASIA PTY LTD T/AS CONSOLIDATED ALLOYS
s.170LK - Agreement with employees (Division 2)
(AG2005/3820)

MELBOURNE

10.30AM, MONDAY, 09 MAY 2005

PN1

MS J WATLING: I appear on behalf of CA Group Australasia Pty Ltd, trading as Consolidated Alloys, with me this morning is MR LE ROSE, the Production Manager, and two employee representatives, MR GENATO and MR LESKI.

PN2

THE COMMISSIONER: Yes. Thanks, Ms Watling. Well, I should say before you commence, we have had a brief, shortish conference prior to going on the record and you have clarified one element of the agreement but I am happy to hear now your submission.

PN3

MS WATLING: Thank you, Commissioner. Commissioner, at the outset we note that the company is seeking for the Commission to exercise its discretion under section 111(1)R of the Act, to extend the 21 day limit prescribed in section 170LM(2). The Commission will have noted that while the majority of employees made the agreement on 22 March 2005, it was not filed until 22 April 2005. Commissioner, I have been instructed the delay in filing was caused by administrative delays in processing the paperwork. Commissioner, we instructed that the composition of the workplace, workforce has not changed since the vote to approve the agreement was made and filed.

PN4

Commissioner, this is an application made under division 2 of part 6B of the Act for certification of an agreement made in accordance with section 170LK. Mr Williams, on behalf of the company and the two employee representatives have prepared statutory declarations which they believe meet all of the requirements of the Act, regulations and rules of the Commission. It is my instructions that all the requirements of section 170LK and LT have been met. Namely, the agreement does not disadvantage the employees covered by it. Access to the agreement and an explanation of the terms of the agreement occurred and was appropriate having regard to the particular circumstances of the employees covered by the agreement.

PN5

The agreement contains a dispute settlement procedure at clause 13. The period of operation of the agreement is set out in clause 5 where it is stated that the agreement will expire three years from date of certification. The parties therefore request the Commission certify the agreement in the terms sought.

PN6

THE COMMISSIONER: Yes. Thank you, Ms Watling. This application made under section 170LJ seeks certification of the agreement reached between CA Group Australasia Pty Ltd trading as Consolidated Alloys, and its employees. The agreement is intended to operate and this is its period of nominal operation from the date of certification which would be today's date and continue thereafter for a period of three years. I note that the agreement is read conjunctionally and applied, interpreted conjunctionally with the Metal, Engineering and Associated Industries Award of 1998 and having regard for what is on the file, it seems that the agreement does confer advantage rather than disadvantage and I don't see that there is any inhibiting factor in terms of the no disadvantage test.

PN7

The agreement has at 13.5, in the disputes procedure clause, the formulation of which indicates that by the agreement of the parties if a dispute that has arisen has been dealt with through the various steps hasn't been resolved, then it would come to the Commission and it is put to me in the preceding conference that it is the intention of the parties - and I say this now on the record and we will have the transcript popped on the file - that to avoid any ambiguity in the future that it is the parties' intention that there would be conciliation before the Commission and if necessary there would then be a determination made if the parties still remained in dispute about an issue which arose over the application of the agreement. That is so, isn't it, Ms Watling?

PN8

MS WATLING: That is my instructions, Commissioner.

PN9

THE COMMISSIONER: Yes. Thank you. Well, I will certify the agreement as I think it does satisfy the Act in the necessary ways and I will sign a certificate to that effect later today and send it to the parties and place a copy on the file and it will show that the agreement comes into operation with effect from today's date and continues then for a term of three years. We will now adjourn.

<ADJOURNED INDEFINITELY [10.34AM]