AG2005/5748, Transcript of Proceedings [2005] AIRCTrans 1975 (23 September 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12795-1

COMMISSIONER TOLLEY

AG2005/5748

APPLICATION BY TRANSPORT WORKERS’ UNION OF AUSTRALIA-VICTORIAN/TASMANIAN BRANCH & TOLL TRANSPORT PTY LTD T/A TOLL LOGISTICS-CONTRACT LOGISTICS DIVISION
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/5748)

MELBOURNE

2.08PM, MONDAY, 12 SEPTEMBER 2005

PN1

MS H RYALL: I appear for the Transport Workers' Union in this matter.

PN2

MR R WALTERS: I appear with MR S HOLMES.

PN3

THE COMMISSIONER: Yes Ms Ryall?

PN4

MS RYALL: Thank you, Commissioner. This is an application under Division 2 of Part VIB of the Workplace Relations Act for certification of an agreement pursuant to section 170LJ. We submit that all the requirements of the Act, regulation and rules of the Commission have been met in the making of this agreement and we rely upon the statutory declaration of John Allen to that effect. Unless you have any further questions of me, Commissioner, we seek that the agreement be certified from today's date in the terms sought.

PN5

THE COMMISSIONER: Yes thank you. Mr Walters?

PN6

MR WALTERS: Commissioner, you have before you a statutory declaration sworn by Mr Holmes stating that the requirements of the Act have been met and accordingly we ask that you certify the agreement. If it please the Commission.

PN7

THE COMMISSIONER: Thank you. The Commission is satisfied the matter is properly before it. It meets the requirements of the Act and the rules of the Commission. It contains nothing which would place it at odds with any decision of the High Court of Australia about matters which can be placed in an agreement. Accordingly the Toll Logistics – Contract Logistics Division Paperlinx Victoria Enterprise Agreement 2004-2006 is, pursuant to section 170LT of the Workplace Relations Act 1996, certified. The agreement shall come into force from today's date, 12 September 2005 and is to remain in force until 1 July 2007. The matter is adjourned. Thank you.

<ADJOURNED INDEFINITELY [2.10 PM]