AG2004/8622, Transcript of Proceedings [2005] AIRCTrans 118 (11 January 2005)

AUSCRIPT AUSTRALASIA PTY LTD
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TRANSCRIPT OF PROCEEDINGS

O/N 3883

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOFFMAN

AG2004/8622

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Golding Contractors Pty Limited and Others
for certification of the Golding Contractors
Kogan Creek Agreement 2004

BRISBANE

11.25 AM, FRIDAY, 24 DECEMBER 2004

PN1

THE COMMISSIONER: Can we have the appearances?

PN2

MR M. COONAN: If the Commission pleases, Mike Coonan. With me, MR EPINASER. From Freehills on behalf of Golding Contractors. Seek leave.

PN3

MR E. MOORHEAD: I appear on behalf of AFMEPKIU.

PN4

THE COMMISSIONER: Yes. Thanks, Mr Moorhead.

PN5

MR D. BROANDA: I appear on behalf of the Australian Workers' Union, and, Commissioner, there's no objection to Mr Coonan's appearance.

PN6

THE COMMISSIONER: Yes. Thank you, Mr Broanda.

PN7

MS K. INGLISS: I appear for the CEPU, and no objection.

PN8

THE COMMISSIONER: Yes, thanks, Ms Ingliss. In those circumstances, leave to appear is granted, Mr Coonan. Yes, Mr Coonan.

PN9

MR COONAN: Thank you, Commissioner. You have before you the application and the statutory declarations of Mr Hart, Mr Chambers, Mr Lees and Mr Williams. We submit that the agreement complies with the Act. It has a three-year date of operation, and it has the required dispute settlement procedure. There was nothing involved in the negotiations of the agreement which would prevent the Commission from certifying. We ask the Commission to certify the agreement.

PN10

THE COMMISSIONER: Yes, thank you. Yes, Mr Moorhead.

PN11

MR COONAN: Sorry.

PN12

THE COMMISSIONER: Yes.

PN13

MR COONAN: I will correct it, Commissioner. It's not a three-year application; it's a till 1 October 2007 agreement.

PN14

THE COMMISSIONER: Yes.

PN15

MR MOORHEAD: Commissioner, a statutory declaration has been filed by Mr Lees on behalf of the union. That statutory declaration goes to the matters required by the Act. On the basis of that statutory declaration, we submit to you that the agreement meets the requirements of the Act and commend it to you for certification.

PN16

THE COMMISSIONER: Yes, thanks, Mr Moorhead.

PN17

MR BROANDA: If the Commission pleases, Commissioner, the AMWU supports those submissions already before you on this agreement. The AWU submits the agreement meets the relevant provisions of the Act and relies on the statutory declarations provided in support of those submissions, and on that basis, Commissioner, I commend it to you for certification. May it please the Commission.

PN18

THE COMMISSIONER: Yes, thank you. Yes, Ms Ingliss.

PN19

MS INGLISS: May it please the Commission. The CEPU relies on the statutory declaration of Mr Williams, and we commend the agreement to you for certification.

PN20

THE COMMISSIONER: Yes, thank you. Yes, on the basis of those submissions and the statutory declarations, the Commission is satisfied the requirements of the Act and Rules have been met. The agreement shall operate from 24 December 2004 and remain in force till 1 October 2007. The matter stands adjourned.

ADJOURNED INDEFINITELY [11.30am]