AG2005/5338, Transcript of Proceedings [2005] AIRCTrans 1890 (13 September 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12671-1

COMMISSIONER TOLLEY

AG2005/5338

TRANSPORT WORKERS’ UNION OF AUSTRALIA-VICTORIAN/TASMANIAN BRANCH
AND
BIDVEST (VICTORIA) PTY LTD TRADING AS BIDVEST MELBOURNE AND BIDVEST GEELONG
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/5338)

MELBOURNE

11.38AM, WEDNESDAY, 31 AUGUST 2005

PN1

MS H RYALL: I appear for the Transport Worker's Union.

PN2

MR D DARCY: I seek leave on behalf of Bidvest Victoria Pty Ltd.

PN3

THE COMMISSIONER: Yes leave is granted Mr Darcy. Ms Ryall?

PN4

MS RYALL: Thank you Commissioner. All the requirements of the Act regulation rules of the Commission have been met in the making of this agreement. However, we do understand that the agreement was filed out of time. As the agreement wasn't received with the federal office of the union until 16 August, I think that was something that we could not avoid. I am instructed however, that there has been no material or significant change to the composition of the workforce between the date of approval and the time that the agreement was filed with the Commission, and on that basis, we would ask that you extend the time for filing under section 111(1)(r). The agreement meets all the requirements of section 170LT of the Act. It passes the no disadvantage test. It was genuinely approved by a valid majority of employees. The terms of the agreement were appropriately explained to those employees. It contains a dispute settlement procedure, and also contains a nominal expiry date of 31 October 2007. Unless you have any further questions of me Commissioner, we seek that the agreement be certified from today's date.

PN5

MS RYALL: Yes thanks Ms Ryall. Mr Darcy?

PN6

MR DARCY: Commissioner, we support the submissions of Ms Ryall in relation to this matter, and support the application both for certification and for the extension of time, and can confirm that there has been no change in composition to the workforce, and can confirm that there were administrative difficulties on our side in relation to this matter.

PN7

THE COMMISSIONER: Thanks Mr Darcy. The time for filing pursuant to section 111(1)(r) of the Workplace Relations Act is extended. The agreement meets the requirements of the Act, and has been filed pursuant to the rules of the Commission, and I'll double the extension of time. There is nothing in the agreement which will offend any decision of the High Court of Australia, as to matters which can be in agreements. Accordingly, the Bidvest Australia Transport Certified Agreement 2005 is pursuant to section 170LT of the Workplace Relation's Act certified. The agreement shall come into force from today's date 31 August 2005 and shall remain in force until 31 October 2007. The matter and the Commission is adjourned.

PN8

Thank you, good morning.

<ADJOURNED ACCORDINGLY [11.41AM]