AG2005/5785, Transcript of Proceedings [2005] AIRCTrans 2061 (5 October 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12898-1

COMMISSIONER TOLLEY

AG2005/5785

APPLICATION BY ALSAFE PREMIX CONCRETE PTY LTD
s.170LK - Agreement with employees (Division 2)
(AG2005/5785)

MELBOURNE

10.25AM, WEDNESDAY, 21 SEPTEMBER 2005

PN1

MR A DALTON: I represent the company in this matter and with me today is MR L GNOCCI from the company who is the General Manager and MR P CATTAPAN who is the employee representative.

PN2

THE COMMISSIONER: Yes, Mr Dalton. Yes?

PN3

MR DALTON: Thank you, Commissioner. This is an application made under Division 2 of Part VIB of the Act for certification of agreement made in accordance with section 170LK. The terms of the agreement were reached between the company and the employees covered by the Transport Workers Mixed Industries Award. Before I go on with the submission, Commissioner, I would just like to draw your attention to the fact that the employees voted on the agreement on 19 August 2005 but the agreement was not lodged until 13 September 2005. By my calculations that is four days outside the 21 day time period.

PN4

THE COMMISSIONER: The Commission will extend the time of filing pursuant to section 111(1)(r) of the Act.

PN5

MR DALTON: Thank you, Commissioner. The parties have prepared statutory declarations which they believe meet all the requirements of the Act, regulations and rules of the Commission. They further submit that all the requirements of section 170LK and 170LT have been met. The agreement does not disadvantage the employees covered by it. A valid majority of the employees at the time genuinely approved the agreement on 19 August 2005. 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.

PN6

The agreement does contain a dispute settlement procedure at clause 15 and the agreement has a nominal expiry date of 30 April 2008. On that basis we believe that all the requirements of the Act have been met. We would seek that the agreement be certified in the terms sought. Just for your information, Commissioner, Mr Cattapan, the employee representative is here today if you have got any questions from him regarding the employees' involvement in the matter. Other than that we would seek that the agreement be certified in the terms sought. If the Commission pleases.

PN7

THE COMMISSIONER: What about the error in 5.6? The declaration. Where the wrong box has been ticked.

PN8

MR DALTON: Five point six. Yes I am sorry. That looks like an error, Commissioner. I have a copy of the notice that was handed out and - - -

PN9

THE COMMISSIONER: You might show me that.

PN10

MR DALTON: Yes. Happy to hand that one up. I have a signed copy here. That is fine. That is an original there so that is probably easy to read.

PN11

THE COMMISSIONER: Thank you.

PN12

MR DALTON: That appears to have been - - -

PN13

THE COMMISSIONER: Well in respect of 5.6 of the declaration. It will be amended and the word, the tick will be substituted, sorry the tick will go in the yes box instead of the no box. It is clearly a typographical error and given that the parties are here, if there is any problems arising from it they should be raised now. Mr Cattapan, are you content with the way this matter was conducted?

PN14

MR CATTAPAN: Yes.

PN15

THE COMMISSIONER: And what was the view of your colleagues who voted on it?

PN16

MR CATTAPAN: It was voted for unanimously between the drivers.

PN17

THE COMMISSIONER: All right. Thank you. Well the Commission is content the matter is properly before it. It meets the requirements of the Act and it meets the rules of the Commission. It contains nothing which would place it at odds with any decision of the High Court in respect of matters which can be in agreements and it definitely passes the no disadvantage test. Accordingly Alsafe Premix Concrete Pty Ltd Tipper Drivers Employees Enterprise Agreement 2005-2008 is, pursuant to section 170LT of the Workplace Relations Act 1996, certified. The agreement shall come into place from today's date, 21 September 2005 and remain in force until 30 April 2008. The matter is adjourned. Thank you.

<ADJOURNED INDEFINITELY [10.30AM]