AG2005/4006, Transcript of Proceedings [2005] AIRCTrans 1370 (22 June 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11851-1

COMMISSIONER TOLLEY

AG2005/4006

APPLICATION BY LANGDON PRODUCE PTY LTD
s.170LK - Agreement with employees (Division 2)
(AG2005/4006)

MELBOURNE

10.04AM, THURSDAY, 09 JUNE 2005

PN1

MR P GAYNOR: I appear on behalf of Langdon Produce.

PN2

THE COMMISSIONER: Yes, Mr Gaynor?

PN3

MR GAYNOR: Commissioner, thank you for listing this matter. As the documentation forwarded to you indicates this is a section 170LK agreement between Langdon Produce and its transport employees. I hope you have before you a statutory declaration signed by Mr Ray Langdon, and also by two employee representatives, Mr Frank Filice and Damian Miller.

PN4

THE COMMISSIONER: Yes.

PN5

MR GAYNOR: Commissioner, we believe the process has conformed to the requirements of the Act, 14 days notice was given prior to the vote, there was substantial discussions between the parties prior to that and during that 14 day period to discuss any items that might have been of interest to the employees. We are confident that it meets the no disadvantage test and we also firmly believe that there was genuine agreement between the parties. If the Commission pleases.

PN6

THE COMMISSIONER: Yes. Well, the Commission is content that the application before it made pursuant to section 170 of the Workplace Relations Act does meet the requirements of the Act and passes the no disadvantage test and most importantly, proper consultation has taken place between those affected on both sides. Accordingly, the Langdon Produce Transport Enterprise Agreement 2005 shall, pursuant to section 170LT of the Workplace Relations Act 1996, be certified. The agreement shall come into force from today's date, 9 June 2005 and it is to remain in force until 9 June 2008. The matter is adjourned. Thanks. Good morning.

<ADJOURNED INDEFINITELY [10.06AM]