AG2005/4068, Transcript of Proceedings [2005] AIRCTrans 1440 (1 July 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11957-1

COMMISSIONER GRAINGER

AG2005/4068

APPLICATION BY AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION, THE & HARDWICKS MEATWORKS PTY LTD
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/4068)

MELBOURNE

9.45AM, TUESDAY, 21 JUNE 2005

PN1

THE COMMISSIONER: Yes, Mr Davey? I see you are here on your own. None of the employers want to come along?

PN2

MR DAVEY: No. So I appear on behalf of the Australasian Meat Industry Employees Union.

PN3

THE COMMISSIONER: Yes. These are all virtually identical, aren't they, Mr Davey?

PN4

MR DAVEY: Very much so.

PN5

THE COMMISSIONER: Yes. So if you will deal with all of them and if you will deal with the issue of the amendments or the clarifications of numberings to do with clauses that my associate has asked you to address, we can deal with the whole thing all in one go.

PN6

MR DAVEY: Yes, Commissioner, in respect of the Hardwick agreement, you should have before you statutory declarations sworn by Mr Bird and Mr Gary Hardwick. You should also have an appendix that was sent that remedies certain drafting matters that are set up under the title of erratum, I believe that that document is self evident and I don't think the Commission would require me to go through it.

PN7

THE COMMISSIONER: No. My concern about these, Mr Davey, was only about the parties and the Commission having to work with them in the future. They weren't fundamental barriers to certification. I just don't want everyone to be scratching their head in two years time.

PN8

MR DAVEY: No. We have spoken to the company about it and they are in full agreement to the erratum as set out, sir.

PN9

THE COMMISSIONER: Yes.

PN10

MR DAVEY: In respect of the normal procedures, the agreement has been voted on by a valid majority. It contains the required dispute settling procedures at clause 8 and a nominal expiry date at clause 1.3 and it is our submission that there is absolutely no overall reduction in wages and conditions and therefore we would seek ratification, Commissioner.

PN11

THE COMMISSIONER: Yes. Why don't you just deal with all of them in one go because they are all quite similar terms.

PN12

MR DAVEY: Yes. Well, the same procedure has been gone through in respect of the four Gathercole agreements. Those are GA Gathercole Pty Ltd, G&B Gathercole Pty Ltd, Fresh Packed Meat Pty Ltd and Gathercole Meat Exports. Again in respect of those you should have statutory declarations from myself and Mr Cunningham.

PN13

THE COMMISSIONER: Yes.

PN14

MR DAVEY: I have spoken to Mr Cunningham in respect of a letter that was sent to the Commission of an appendix that remedies inadvertent drafting errors which have been agreed. That has been agreed between Mr Cunningham and myself. There was a few more than was in the Hardwick one. We believe that that has remedied the situation and in respect of the other provisions that the Act requires we say that everything is in order.

PN15

THE COMMISSIONER: Yes. Thank you. And then the Radford one?

PN16

MR DAVEY: And in the Radford one was a little bit simpler, Commissioner. Again, our organiser, Mr Colin Ross spoke to Mr Radford in respect of this matter and he agreed that the amendments as set out in the erratum and clarifies inadvertent drafting errors. The statutory declarations reflect the requirements of the Act, sir, and we would also seek that that agreement be ratified.

PN17

THE COMMISSIONER: Yes, thank you very much, Mr Davey. We would then in respect of the Hardwick Meatworks Pty Ltd and AMIEU Victorian Meat Processing Agreement 2004 and the GA Gathercole Pty Ltd and AMIEU Agreement 2005 and the G&B Gathercole Pty Ltd and AMIEU Victorian Meat Processing Agreement 2005 and the Fresh Packed Pty Ltd and AMIEU Victorian Meat Processing Agreement 2005 and the Gathercole Meat Exports Pty Ltd and the AMIEU Victorian Meats Processing Agreement 2005 and the Radford and Son Pty Ltd and AMIEU Enterprise Agreement 2005. I am satisfied that each of these agreements meets all the relevant statutory requirements for certification. I note that the terms of the agreements set out at clause 1.3 of each of them doesn't exceed three years, it will be from certification to dates that are less than three years.

PN18

There are appropriate dispute resolutions in each of them either at clause 8 or clause 7 of the various agreements and the agreements each appear to provide advantages over the award noting particularly the provisions of clause 1.4 and 3, 4 and 6. And I note that to each of these agreements is to be appended an erratum which will simply make it possible for the parties and the Commission in the future of working with the document to know - just to be able to sort out just a couple of discrepancies that have crept in. I think they have crept in, Mr Davey, to do with the correction of the document, changes to the documentation after the Electrolux issues were raised.

PN19

MR DAVEY: That is correct.

PN20

THE COMMISSIONER: Yes. So I think with that erratum annexed to each of the agreements that it will enable the parties to be able to work satisfactorily with the agreement. I note from the statutory declarations and all the other relevant statutory requirements for certification have been complied with and accordingly I do certify each of these agreements today 21 June 2005. I thank you, Mr Davey, for your assistance.

PN21

MR DAVEY: Thank you.

PN22

THE COMMISSIONER: I now adjourn.

<ADJOURNED INDEFINITELY [9.51AM]