AG2005/5566, Transcript of Proceedings [2005] AIRCTrans 1976 (23 September 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12793-1

COMMISSIONER TOLLEY

AG2005/5566

APPLICATION BY E.B. MAWSON & SONS PTY LTD T/A MAWSONS & THE AUSTRALIAN WORKERS’ UNION - VICTORIA BRANCH
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/5566)

MELBOURNE

2.03PM, MONDAY, 12 SEPTEMBER 2005

PN1

MR C WINTER: I appear on behalf of the Australian Workers' Union.

PN2

THE COMMISSIONER: Yes Mr Winter.

PN3

MR WINTER: Thank you, Commissioner. This is an application made under 170LJ of the Act, an agreement between Mawsons Quarries Pty Ltd and the Australian Workers' Union. The agreement has been lodged approximately two weeks out of time and I would ask you to use your discretion in relation to section 111(1)(r) in regard to that. The agreement covers five quarries based in central Victoria and there was just problems getting the paperwork signed and the statutory declarations completed and into the Commission. There has been no change to work force numbers.

PN4

We have got a steady group of workers there and I think this is about the fourth or fifth agreement we have had. The agreement does contain a dispute settlement procedure. It also contains a nominal expiry date of 30 June 2007. I have gone through the agreement and I don't believe there is anything that would prevent the agreement from being certified and an example would be the Electrolux issues and therefore I would seek certification of the agreement from today's date and unless you have got any questions I would rely on the statutory declaration. If the Commission pleases.

PN5

THE COMMISSIONER: Yes thanks, Mr Winter. Well firstly the Commission extends the time for filing pursuant to section 111(1)(r) of the Workplace Relations Act. Secondly, having extended the time for filing, the matter is properly before the Commission and it meets the requirements of the Act and the rules of the Commission and as submitted by Mr Winter, the Commission can find no issues contained within the said agreement which are at odds with any decision of the Federal Court about matters which should be in agreements.

PN6

Accordingly pursuant to section 170LT of the Workplace Relations Act 1996 the Commission certifies the Mawson Quarries – Australian Workers' Union Enterprise Bargaining Agreement 2005. The agreement shall come into force from today's date, 12 September 2005 and shall remain in force until 30 June 2007. The matter is adjourned. Thank you.

<ADJOURNED INDEFINITELY [2.06 PM]