AG2004/8772, Transcript of Proceedings [2005] AIRCTrans 178 (28 January 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10054

COMMISSIONER DANGERFIELD*

AG2004/8772

s.170LJ - agreement with organisations of employees (division 2)

APPLICATION BY BRAMBLES AUSTRALIA LIMITED AND ANOTHER
(AG2004/8772)
Transport Workers (Long Distance Drivers) Award 2000

ADELAIDE

10.03AM, Friday, 14 January 2005

PN1

MR R WYATT: I appear on behalf of the Transport Workers' Union.

PN2

MS A HANCOCK: I appear on behalf of Brambles Australia Limited trading as Brambles Industrial Services.

PN3

THE COMMISSIONER: Thank you. Mr Wyatt?

PN4

MR WYATT: If the Commission pleases. Before the Commission today is an agreement signed by Mr Paul Johnston for the company, Mr John Allan the federal secretary and Mr Alex Gallagher the branch secretary, which has been lodged with the Commission under division 2, section 170LJ of the Australian Workplace Relations Act 1996. The Transport Workers' Union is the organisation legally entitled to represent the interests of the employees covered by this agreement. The Transport Workers' Long Distance Drivers Award 2000 is the award which underpins this agreement. The requirements to be satisfied under section 170LT of the Act are addressed in the statutory declarations signed by Mr Allan for the union and Ms Bonnie Kestle for the company.

PN5

The agreement does not in relation to the terms and conditions of employment disadvantage the employees who are covered by this agreement. The agreement at clause 8 includes provisions for preventing the settling of disputes between the parties and in particular allows for referral to the Australian Industrial Relations Commission for settlement at clause 8.4. The agreement provides for consultation with employees in relation to the changes that may affect those employees, I'm not sure of the clause there. The agreement applies only to a single part of the business.

PN6

Employees covered by this agreement have been consulted at meetings conducted at the work site. Draft copies of the agreement were circulated to employees and a formal vote was taken on 26 November 2004, at which a valid majority voted in favour of this agreement. The total number of employees covered by the agreement is six. In respect to section 170LT(7) of the Act there is one Aboriginal Torres Strait Islander. Pursuant to part VIB, division 4, section 170LT of the Act we seek the Commission to certify an agreement referred to as the Brambles Industrial Services Still Services Division, South Australia, Whyalla Depot, Transport Workers' Operators, Coffin Bay (Sand Haulage) Certified Agreement 2004, operable from today's date and expiring on 1July 2007. If the Commission pleases.

PN7

THE COMMISSIONER: Looking at clause 1 of the agreement, it's simply the Brambles Industrial Services South Australia - have I got that right - Brambles Industrial Services South Australia, Coffin Bay (Sand Haulage)?

PN8

MR WYATT: Certified Agreement 2004.

PN9

THE COMMISSIONER: Yes. No, we're right. Just one question Mr Wyatt, we're three days out of time here, it seems to me. The application was lodged on 20 December, It was actually approved on the 26^th was it of November?

PN10

MR WYATT: Correct.

PN11

THE COMMISSIONER: So we have got a period of 24 days there instead of 21, so I think you're three days out of time. The reason for the delay?

PN12

MR WYATT: If the Commission pleases, the locality of Coffin Bay with Whyalla, then with South Australia through to Sydney, it was a big area to cover.

PN13

THE COMMISSIONER: Administrative reason, yes, I can understand.

PN14

MR WYATT: Yes.

PN15

THE COMMISSIONER: Importantly, the same six employees who voted on the agreement, has there been any change in the composition of that?

PN16

MR WYATT: My understanding is no.

PN17

THE COMMISSIONER: In that period of three days. I will ask Ms Hancock in a minute. Okay, thanks for that. Ms Hancock?

PN18

MS HANCOCK: Commissioner, in accordance with the Transport Workers' Union submissions, the company submits that this agreement meets the principles for certification of an agreement established by the Commission. In respect of the agreement being three days out of time, the same six employees are employed today as were employed at the time of the vote of the agreement and the company respectfully requests the agreement be certified today.

PN19

THE COMMISSIONER: There are no new employees who would be employed?

PN20

MS HANCOCK: Not to my understanding, no.

PN21

THE COMMISSIONER: So there was no change in the composition of the work force from the date of the vote on 26 November through to today's date?

PN22

MS HANCOCK: To my understanding there haven't, no, Commissioner.
THE COMMISSIONER: Okay. All right, thanks for that. I can indicate that the Commission has before it an application under division 2 of part VIB of the Act for certification of an agreement pursuant to section 170LJ. I have considered the application and the terms of the agreement. The application has been lodged out of time, some three days out of time, however having regard to the reasons for this as stated by the parties, given the remoteness of the location and the logistics of getting matters signed and so on, also having regard to the result of the ballot and the fact that there was no change in the composition of the work force from the date of approval of the agreement to the date of lodgement, I grant an extension of time pursuant to section 111(1)(r) of the Act.

PN23

The application for certification is underpinned by statutory declarations on file from Bonnie Kestle, Employee Relations Manager, Brambles Australia Limited, the employer in this matter, and John Allan the federal secretary of the Transport Workers' Union of Australia. Both those declarations are in order. Having heard from the parties today in relation to the matter I am firstly satisfied that each provision of the agreement pertains to the relationship between Brambles and the relevant employees in their capacity as employer and employees respectively in the terms of section 170LI of the Act I note that the Transport Workers' Long Distance Drivers Award 2000 is the relevant award for the purposes of the no disadvantage test. Having compared the provisions of the agreement with those of that award I am satisfied that that test is satisfied.

PN24

The agreement at clause 8 includes procedures for preventing and settling disputes between the parties as required by the Act. It is clear on the material before me that a valid majority of persons employed at the time genuinely approved the agreement and that the explanation of the terms of the agreement took place in ways that were appropriate having regard to the requirements of section 170LT of the Act.

PN25

Accordingly the Commission certifies the Brambles Industrial Services SA Coffin Bay (Sand Haulage) Certified Agreement 2004. The Agreement is certified as from today's date, 14 January 2005, and in accordance with clause 5 it will effectively operate from the first pay period on or after 1 July 2004, I think that's when it effectively operates from. It will remain in force until 1 July 2007, being a date that in accordance with the Act is not more than three years after the date on which the agreement comes into operation.

PN26

I can indicate to the parties that the necessary documentation confirming certification of the agreement will issue from my office over the next few days. I congratulate the parties on their agreement. There is nothing further I have got for the record. Anything from either of the parties?

PN27

MR WYATT: No, Commissioner.

PN28

THE COMMISSIONER: That being the case we stand adjourned.

<ADJOURNED INDEFINITELY [10.11AM]