AG2005/4482, Transcript of Proceedings [2005] AIRCTrans 1478 (7 July 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12021-1

COMMISSIONER TOLLEY

AG2005/4482

APPLICATION BY TRANSPORT WORKERS' UNION OF AUSTRALIA & BRAMBLES AUSTRALIA LIMITED
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/4482)

MELBOURNE

10.01AM, TUESDAY, 28 JUNE 2005

PN1

MS H RYALL: I appear for the Transport Workers' Union in this matter.

PN2

THE COMMISSIONER: Yes, thanks Ms Ryall.

PN3

MS A HANCOCK: Appearing for Brambles Australia Limited.

PN4

THE COMMISSIONER: Thanks Ms Hancock. Ms Ryall?

PN5

MS RYALL: Commissioner, this is an application under Division 2 of Part VIB of the Workplace Relations Act for the certification of an agreement pursuant to section 170LJ of the Act. We submit that all the requirements of the Act, regulation and rules of the Commission have been met in the making of this agreement and you should have before you the statutory declaration on behalf of the federal secretary, John Allen, on which we rely.

PN6

THE COMMISSIONER: Yes.

PN7

MS RYALL: Commissioner, the agreement meets the requirements of section 170LT in the Act in that it passes the no disadvantage test, it was genuinely approved by a valid majority of relevant employees. The terms of the agreement were appropriately explained to those employees. It contains a dispute settlement procedure at clause 7 of the agreement and a nominal expiry date of three years from the date of certification at clause 5. Unless you have any further questions, Commissioner, we seek that the agreement be certified from today's date in the terms sought.

PN8

THE COMMISSIONER: And filed on time too, Ms Ryall?

PN9

MS RYALL: Yes.

PN10

THE COMMISSIONER: Thank you. Ms Hancock?

PN11

MS HANCOCK: Commissioner, the company concurs with the submissions of the Transport Workers' Union and submits that the agreement meets the principle for certification in accordance with the Act established by the Commission. Thank you.

PN12

THE COMMISSIONER: Yes. Thanks Ms Hancock. Well, the Commission finds the matter is properly before it. It has been filed pursuant to the rules of the Commission and meets the requirements of the Act. It contains nothing which would offend any decision of the High Court of Australia about matters pertaining to the agreement and the employment relationship. Accordingly, pursuant to section 170LT of the Workplace Relations Act 1996 the Commission certifies the said agreement. The agreement should come into force from today's date, 28 June 2005 and is to remain in force until 28 June 2008. The matter is adjourned. Thank you. Good morning.

<ADJOURNED INDEFINITELY [10.04 AM]