AG2004/8551, Transcript of Proceedings [2005] AIRCTrans 186 (28 January 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10090

DEPUTY PRESIDENT IVES

AG2004/8551

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

APPLICATION BY FELTEX AUSTRALIA PTY LTD AND ANOTHER
(AG2004/8551)
Textile Industry Award 2000

MELBOURNE

10.08AM, FRIDAY, 14 JANUARY 2005

PN1

MS V WILES: I appear on behalf of the TCFUA.

PN2

MR B GRIGG: I appear on behalf of Feltex Australia Pty Ltd and appearing with me is MR J ANDERSON and MR A KITE.

PN3

THE DEPUTY PRESIDENT: Yes, thank you. Just give me one second Mr Grigg. Yes, go ahead Mr Grigg.

PN4

MR GRIGG: Thank you Deputy President. As I said, I appear on behalf of Feltex Australia Pty Ltd. This is an application made under Division 2 of Part VIB of the Act, for certification of an agreement made in accordance with section 170LJ. The terms of the agreement were reached between the company and the TCFUA on behalf of employees at Feltex Australia Pty Ltd covered by the Textile Industry Award 2000. The parties have prepared statutory declarations which we believe meet all of the requirements of the Act, Regulations and Rules of the Commission.

PN5

We further submit that all of the requirements of section 170LJ and section 170LT have been met, namely, the agreement, we submit, does not disadvantage the employees covered by it and that's covered at section 7.3 of the statutory declaration. A valid majority of employees genuinely approved the agreement on 17th, 18th, 19th and 22 November 2004 and it's covered at item 6.2 of the statutory declaration. Access to the agreement and an explanation of the terms of the agreement occurred in accordance with the requirements of section 170LR and was appropriate having regard to the particular circumstances of the employees covered by the agreement, and that's covered at 6.4, 6.5, 6.6 of the statutory declarations, and it also contains a dispute settlement procedure at clause 24 of the agreement.

PN6

The period of operation of the agreement is set out in clause 6 where it is stated that the agreement will expire on 31 August 2007. Just as a point of clarification, Deputy President, attachment B of the agreement, the wages schedule, there is two typographical errors in that schedule, and there is - - -

PN7

THE DEPUTY PRESIDENT: Hang on, just before you go on with that, just to clarify something. When the materials in respect of this application were filed I think the attachment B contained rates only in respect of one of your sites and that was the Hallam site. My associate followed up with the TCFUA, I think followed up with you Ms Wiles, did they not?

PN8

MS WILES: That's correct, your Honour.

PN9

THE DEPUTY PRESIDENT: And were subsequently provided with a wages schedule for all the sites that was necessary for the Commission to - to enable the Commission to properly conduct a no disadvantage test on the agreement. So I am now in possession of two documents. Attachment B is in effect simply the rates for Hallam. Is that the document to which you refer or are you referring to the document provided by Ms Wiles?

PN10

MR GRIGG: Yes, I am referring to that document headed Attachment B, Wages Schedule which covers trainee through to level 5 and so on with allowances et cetera. Deputy President.

PN11

THE DEPUTY PRESIDENT: Right.

PN12

MR GRIGG: It was covered in the fax sent by Ms Wiles on 12 January this year.

PN13

THE DEPUTY PRESIDENT: Yes, thank you.

PN14

MR GRIGG: And I refer particularly to the very last line in that document, Attachment B, Wages Schedule, which is meal allowance (b) and there's a typographical error at that allowance, as from 1/9/2005, it should read $5.90 in lieu of $5.60 and in the last box, as from 1/6/2007, it should read $6.20 in lieu of $8.20.

PN15

THE DEPUTY PRESIDENT: Yes. So are you doing anything other than correcting that on the record, Mr Grigg? Are you seeking that there be any amendments made? It seems to me that it might be appropriate simply to leave it as it is and do what you have just done, and that is to correct it on - - -

PN16

MR GRIGG: Yes, as a matter of record, yes.

PN17

THE DEPUTY PRESIDENT: It's corrected then on the record.

PN18

MR GRIGG: Yes.

PN19

THE DEPUTY PRESIDENT: Because it seems to me that if we get into starting to change the agreement we might - - -

PN20

MR GRIGG: From the internal point of view, Deputy President, we would issue a document to our employees and to the Union reflecting the accurate rates.

PN21

THE DEPUTY PRESIDENT: You are happy with that Ms Wiles?

PN22

MS WILES: I am, your Honour.

PN23

THE DEPUTY PRESIDENT: Yes,, thank you. Yes, go ahead, Mr Grigg, anything further?

PN24

MR GRIGG: I would just add, Deputy President, that bearing in mind my earlier comments we would therefore request that the Commission certify the agreement in the terms sought.

PN25

THE DEPUTY PRESIDENT: Yes, thank you.

PN26

MR GRIGG: If the Commission pleases.

PN27

THE DEPUTY PRESIDENT: Ms Wiles.

PN28

MS WILES: Your Honour, the TCFUA supports the submissions made by Mr Grigg on behalf of Feltex. Just a couple of other extra comments. The terms of the agreement changed very little from the previous agreement and in fact the previous agreement in that, so the terms are very similar to that which have applied for the last six years. In terms of having the agreement available to employees, the company made available the option of having the agreement interpreted into any language which an employee requested, and in fact two employees did request that that occur and that was translated into Chinese and Croatian for those employees.

PN29

The TCFUA submits that the agreement does provide a range of enhancements of the award including clause 7.1, clause 8, clause 10, 11, 20, 21.1, 22, 23, 26, 27 and 29 and believes that certification would not result in a reduction in the overall terms and conditions of employment of employees who will be subject to the agreement and does satisfy the no disadvantage test. If the Commissioner pleases.

PN30

THE DEPUTY PRESIDENT: Yes, thanks Ms Wiles. Yes, again I am satisfied that there is compliance in all relevant respects with the requirements of the Act in respect of this agreement and I can indicate that the Feltex Australia Enterprise Agreement 2004 will be certified with effect from today's date. It will reach its nominal expiry date on 31 August 2007. The matter is adjourned.

<ADJOURNED INDEFINITELY [10.15AM]