AG2005/3995, Transcript of Proceedings [2005] AIRCTrans 1267 (8 June 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11680-1

COMMISSIONER DANGERFIELD*

AG2005/3995

APPLICATION BY TRANSPORT WORKERS' UNION OF AUSTRALIA-VICTORIAN/TASMANIAN BRANCH & GRACE WORLDWIDE (AUSTRALIA) PTY LTD T/A GRACE REMOVALS GROUP
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/3995)

ADELAIDE

9.49AM, WEDNESDAY, 25 MAY 2005

PN1

MR J LOADER: I appear for the Transport Workers Union of Australia, if the Commission pleases.

PN2

MR B CROWLEY: I appear for Grace Removals, Commissioner.

PN3

THE COMMISSIONER: Mr Crowley, thank you. Yes Mr Loader.

PN4

MR D TAYLOR: Damian Taylor, Grace Removals worker.

PN5

THE COMMISSIONER: Yes and you are one of the workers there, thanks, Mr Taylor. Mr Loader?

PN6

MR LOADER: If the commission pleases before the Commission today is an agreement that is signed by Mr Crowley for the company. It is signed by
Mr John Allan for the Transport Workers Union of Australia and Mr Alan Scarliger, the South Australian/Northern Territory Branch Secretary of the Transport Workers Union. It as been lodged with the Commission under
Division 2, section 170LJ of the Australian Workplace Relations Act, 1996. The Transport Workers Union is the organization that is legally entitled to represent the interests of the employees covered by the agreement. It's the Transport Workers Award 1998. It's the award which underpins the agreement. The requirements that need to be satisfied under section 170LT of the Act are addressed in the statutory declarations signed by Mr John Allan for the union and Mr Brendan Crowley for the company.

PN7

The agreement does not in relation to its terms and conditions of employment, disadvantage the employees who are covered by the agreement. The agreement at clause 8 has procedures for preventing and settling disputes between the parties and in particular it allows for a reference to the industrial commission for a settlement at clause 8 paragraph 3. The agreement provides for consultation with employees, between employees and the company in relation to any changes that affect the organisation and that is at clause 6. The agreement applies to single business only and employees covered by the agreement have been consulted at meetings, conducted at the worksite. Draft copies of the agreement were circulated to employees and a formal vote was taken on 27 April 2005 at which a majority of people voted in favour of the agreement. The result of that ballot was that 16 voted in favour and there was nil against.

PN8

The number of employees covered by the agreement is 17. In respect to
section 170LT(7) of the Act there are relevant employees to be considered and that is, there are six casual employees only. No other people are represented on that list. Pursuant to part VIB, Division 4, section 170LT of the Act, we seek that the Commission certify the agreements. It is referred to as the Transport Workers Grace Removals (Beverley Branch) Enterprise Bargaining Agreement 2004, operative from today's date. It is due to expire on 31 July 2006, if the Commission pleases.

PN9

THE COMMISSIONER: Mr Loader before you sit down I just noted that on Mr Crowley's statutory declaration he said that this agreement effectively ends the bargaining period, BP2004/216. There's no reference to that in the union's declaration. Can I confirm that?

PN10

MR LOADER: Yes. I noticed that myself when I read this, this morning and wondered why that the union's - - -

PN11

THE COMMISSIONER: It doesn't matter. I can understand - your union declaration was done interstate and I can understand that but that the approval of this agreement does in effect end that bargaining period 2004/216.

PN12

MR LOADER: Yes.

PN13

THE COMMISSIONER: Yes, thanks for that. Mr Crowley, is there anything you want to say about this?

PN14

MR CROWLEY: No, Commissioner. I think we've gone through a fairly lengthy process with this particular agreement and I think we are happy from an employer's perspective and I think the workers are quite comfortable with their result. There's been an increase over the award and it gives them another two years respite.

PN15

THE COMMISSIONER: I'll just confirm this. If you've got the agreement there clause 9 talks about the wage increase. I'm pretty sure this is right. Where you say there in the second - where it's listed out there. It's got four or five columns. It says "level" and then "base rate". That base rate is the base rate after you apply the first increase. That's the way I've read it.

PN16

MR CROWLEY: Yes. That's the way it reads, yes.

PN17

THE COMMISSIONER: It says:

PN18

First increase applicable from the first full pay period after 1/8/04.

PN19

I mean if you were mischievous of course you could say you are applying an increase of $539.91 but I know you are not doing that. Down the bottom of the page there, I think it makes it clear (d) where it says:

PN20

The wage rate specified in this clause are to apply for the purposes of calculating -

PN21

et cetera. So, those wage rates, 53991, 56104, et cetera, they are the wage rates to apply from the first pay period on or after 1 August 2004. That's the way I took it. Thanks for that.

PN22

Anything you want to add Mr Taylor?

PN23

MR THOMPSON: No, Commissioner. Everything went quite well. As workers we were quite happy with the outcome.

PN24

THE COMMISSIONER: Yes. The casual employees all took part in the vote, did they?

PN25

MR THOMPSON: That's true.

PN26

THE COMMISSIONER: Are they regular casual employees, are they? They are there pretty well all the time.

PN27

MR THOMPSON: That's correct.

PN28

THE COMMISSIONER: Thanks for that. I can indicate for the record that this is an application under Division 2 of Part VIB of the Act, the certification of an agreement pursuant to section 170LJ of the Act. I've considered the application and the terms of the agreement, subject to the application. I'm satisfied that the content of the agreement in every respect pertains to the relations of the employer and the relevant employees in their respective capacities as such and hence complies with section 170LI of the Act. I've also perused the statutory declarations on file of Brendan James Crowley, manager Grace Worldwide, the employer in the matter, John Allen, federal secretary of the Transport Workers Union of Australia and those declarations are in order.

PN29

Having heard from the parties today in relation to this application to have the agreement certified the Commission firstly notes that the Transport Workers Award 1998 is a relevant award for the purposes of the no disadvantage test. Having compared the provisions of the agreement with those of the award I'm satisfied that the agreement passes that no disadvantage test. I note the agreement in clause 8 includes procedures for preventing and settling disputes between the parties as required. I'm satisfied on the material before me that a valid majority of persons employed at the time genuinely approved the agreement and that in accordance with the provisions of the Act, the explanation of the terms of the agreement took place in ways that were appropriate having regard to the circumstances and needs of the relevant employees.

PN30

Accordingly the Commission certifies the Transport Workers Grace Removals (Beverley Branch) Enterprise Bargaining Agreement 2004 to be operative from today's date 25 May 2005 and in accordance with clause 4 of the agreement to remain in force until 31 July 2006, being a date that in accordance with the Act is not more than three years after the date on which the agreement comes into operation. I can indicate gentlemen that the necessary documentation confirming certification will be forwarded to the parties in due course. It only remains for me to congratulate the parties. I also note for the record that certification of this agreement ends a bargaining period, BP number 2004/2006 that is effectively ended by certification of this agreement.

PN31

As indicated I congratulate the parties on their agreement. Nothing further for the record, gentlemen? No. That then closes the hearing of this matter.

<ADJOURNED INDEFINITELY [9.58AM]