AG2004/9822, Transcript of Proceedings [2005] AIRCTrans 130 (13 January 2005)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 10, 15 Adelaide St BRISBANE Qld 4000
(PO Box 13038 George Street Post Shop Brisbane Qld 4003)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 3885

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOFFMAN

AG2004/9822

APPLICATION FOR CERTIFICATION OF
GREENFIELDS AGREEMENT

Application under Section 170LL of the Act
by Brisbane Concrete Pumping Pty Ltd and Others
for certification of The Lytton Refinery Mechanical
Upgrade (Brisbane Concrete Pumping Pty Ltd)
Certified Agreement 2004

BRISBANE

10.10 AM, THURSDAY, 6 JANUARY 2005

PN1

THE COMMISSIONER: Yes. Can we have the appearances, thank you.

PN2

MR C. MUIR: If it pleases the Commission, Muir, initial C., of Employer Services Pty Ltd, on behalf of Brisbane Concrete Plumbing Pty Ltd.

PN3

THE COMMISSIONER: Yes, thanks, Mr Muir.

PN4

MS Y. D'ATH: May it please the Commission, D'Ath, initial Y., on behalf of the Australian Workers' Union.

PN5

THE COMMISSIONER: Thanks, Ms D'Ath.

PN6

MS K. ALLEN: May it please the Commission, Allen, initial K., on behalf of the AFMEPKIU.

PN7

THE COMMISSIONER: Thank you, yes, Ms Allen. Yes, Mr Muir.

PN8

MR MUIR: Thank you, Commissioner, and good morning. This is an application under Section 170LL of the Workplace Relations Act 1996 for certification of an agreement for Brisbane Concrete Pumping Pty Ltd. It is to apply to the Lytton Refinery Mechanical Upgrade Project. Commissioner, statutory declarations have been filed in support of the application by the three unions, and by the employer which go to the requirements of the Act.

PN9

This agreement mirrors previous agreements certified for this site in respect of Clause 34, union organisation. We rely on the submissions made in respect of previous agreements certified for this site. Accordingly, Commissioner, we commend the agreement for certification from today's date; if it pleases the Commission.

PN10

THE COMMISSIONER: Yes, Ms D'Ath.

PN11

MS D'ATH: If the Commission pleases, the AWU confers with those submissions made by Mr Muir in this matter. It is also the AWU's submission that the agreement meets the relevant provisions of the Workplace Relations Act, and rely on the statutory declaration provided by the union in support of those submissions. On that basis, we would commend the agreement to the Commission and ask that it be certified from today's date.

PN12

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

PN13

MS ALLEN: Thank you, Commissioner. We also support the submissions today made in respect of the certification of this agreement. The AFMEPKIU submits that this agreement satisfies all relevant requirements of the Act, and commend it for certification from today's date. May it please the Commission.

PN14

THE COMMISSIONER: Yes. The Commission requires a replacement page 23 with the correct clause numbering - clause 34, not clause 33, in terms of organisation. The Commission also reminds the parties in terms of 34.2 and point 3 if there are difficulties, at some stage they will need to be addressed. The Commission is otherwise satisfied the requirements of the Act and Rules have been met. Providing that replacement page is provided by close of business tomorrow, the agreement will operate from 6 January 2005, remain in force till 31 October 2006. The matter stands adjourned.

ADJOURNED INDEFINITELY [10.12am]