AG2005/598, Transcript of Proceedings [2005] AIRCTrans 1593 (22 July 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12261-1

COMMISSIONER GRAINGER

AG2005/598

APPLICATION BY BIG BROTHERS BIG SISTERS
s.170LK - Agreement with employees (Division 2)
(AG2005/598)

MELBOURNE

4.03PM, WEDNESDAY, 13 JULY 2005

PN1

MR J DOUGLAS: This is an application under B and 2 - Part VIB of the Act for certification of an agreement under section 170LK between my client, who I appear for being Big Brothers Big Sisters Incorporated and employees.

PN2

Commissioner, we are aware that for you to certify the agreement you must be satisfied that all the requirements of the Act have been met. It's my submission that, that is the case as set out in the statutory declarations which were filed with the agreement by Mr Matheson on behalf of my client and MS R COTTON who was an elected representative of the employees.

PN3

There is one matter that I wish to bring to the Commission's attention however. That relates to the obligations contained in section 170LW of the Act. That section requires that procedures in a certified agreement will prevent and settle any disputes between the employer and employees whose appointment will be subject to the agreement made, if the Commission so approves, the power of the Commission to do two things, one is to settle disputes over the application of the agreement. Commissioner, I'm instructed to inform the Commission that the disputes settlement procedure which is contained in clause 5 of the agreement is rather broad.

PN4

But we would give a commitment to the Commission that, that is intended to mean that all of the powers of the Commission under the Act in relation to conciliation and arbitration in relation to disputes - it's the intention of the parties that those powers would be fully available to the Commission in that unlikely event.

PN5

THE COMMISSIONER: Is your client offering up an undertaking on that basis?

PN6

MR DOUGLAS: Yes.

PN7

THE COMMISSIONER: The certificate which will issue will record that undertaking. Anything further?

PN8

MR DOUGLAS: There's nothing further, Commission other than we seek the certification of the agreement.

PN9

THE COMMISSIONER: Yes, you have Ms Cotton with you. She's the employees' representative and she signed the statutory declaration for the employees and also signed the agreement for the employees. I might just hear from Ms Cotton. Ms Cotton, you have an important role in this process and I'd just like to hear from you about how you felt about the process.

PN10

MS R COTTON: The employees are really pleased with the process because it's really fair and comprehensive. There was a lot of opportunity for feedback, so we're very happy with the agreement.

PN11

THE COMMISSIONER: Fine, thank you. I'm satisfied on the basis of the written submissions, the submissions made today and the undertaking offered up today with regard to clause 5 on dispute resolution that the Big Brothers Big Sisters Melbourne Certified Agreement 2005 meets all the relevant statutory requirements for certification. I note the term of the agreement in clause 1.6 is to be from certification plus three years, that the dispute resolution procedure at clause 5 as amplified by the undertaking and the explanation given by
Mr Douglas, meets the relevant statutory requirements.

PN12

The agreement appears to provide advantages over the award. I note particularly the provisions of clause 3 and clause 4.3. Accordingly, I do certify this agreement today, 13 July 2005. I thank the parties for their submissions and their attendance here today.

<ADJOURNED INDEFINITELY [4.07PM]