AG2005/5437, Transcript of Proceedings [2005] AIRCTrans 1843 (7 September 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12610-1

SENIOR DEPUTY PRESIDENT LLOYD

AG2005/5437

APPLICATION BY AUSTRALIAN EDUCATION UNION
s.170MD(2) - Variation of certified agreement by employer or union
(AG2005/5437)

MELBOURNE

2.05PM, THURSDAY, 25 AUGUST 2005

PN1

MS S QUINN: I appear on behalf of the Australian Education Union.

PN2

MR S WILSON: I am from VECCI for Gateways Support Services.

PN3

THE COMMISSIONER: Thank you. Yes, Ms Quinn?

PN4

MS QUINN: Thank you. If the Commission pleases, your Honour, this is an application to vary an agreement between Gateways Support Services Inc and the Australian Education Union. The agreement titled Gateways Support Services Inc Early Childhood Teachers Certified Agreement 2001 covers early childhood intervention teachers employed at Gateways Support Services and the application is made pursuant to section 170MD(2) of the Workplace Relations Act. The Australian Education Union represents the employees at the workplace and is entitled to do so and has members there.

PN5

All of the approval processes and other matters required by the Commission for variation are laid out in our statutory declaration prepared under my name for the Australian Education Union. Your Honour, if I might briefly provide some context for today's matter which might assist proceedings. The AEU has been party to a multi business certified agreement with some 920 odd pre-school employers since 2000 and the Department of Human Services has provided funding to support that multi business agreement which is known as MECA. It also made additional funding available for early intervention agencies who had agreements in similar terms to the MECA. That process was very important because the agencies particularly, particularly because of the attraction and retention issues associated with the staff.

PN6

The Gateways Agreement that we are seeking to vary today is a consequence of that process and as such it has a nominal expiry date consistent with that of MECA. The AEU and Gateways Support Services are seeking to vary the agreement in the terms of our application not to replace the agreement. In the ensuing period since the nominal expiry date the provisions of the agreement have continued to operate and will inclusive of the variation subject of course to the decision of the Commission.

PN7

The basis for the variation that we seek is in the same context as was the one when we made the agreement in the first instance in December 2002, and that is that the MECA has been varied and we seek to maintain a relationship with the provisions of that agreement in the context of attraction and retention. The variation was approved by a valid majority of staff on 28 July this year and the application lodged within 21 days and there is very clear support in the workplace for the variation.

PN8

The information processes undertaken prior to the ballot being conducted were in accordance with the provisions of the Act as if the application were being made for certification of an agreement and they are detailed in the statutory declaration. Your Honour, the AEU commends the variation to the Commission for approval subject of course to any questions that the Commission may have and seek assistance. If the Commission pleases.

PN9

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Quinn. Mr Wilson?

PN10

MR WILSON: Yes, thank you your Honour. Gateways Support Services also would adopt the submissions made by Ms Quinn and we would seek the variation as being sought. There should be a statutory declaration from Ms Malone who is the Chief Executive Officer of the organisation and we would ask that the Commission varies the agreement in the terms sought. If the Commission pleases.

PN11

THE SENIOR DEPUTY PRESIDENT: Thanks Mr Wilson. Now on the basis of the information that is before me I am satisfied that the requirements of section 170MD(2) and section 170MD(3) of the Act have been met. The Commission therefore is satisfied that it can vary the Gateways Support Services Incorporated Early Childhood Teachers Certified Agreement 2001. The variation will take effect from 25 August 2005. An order will be issued today to reflect these changes. The Commission is now adjourned.

<ADJOURNED INDEFINITELY [2.11PM]