AG2005/5770, Transcript of Proceedings [2005] AIRCTrans 2179 (19 October 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13102-1

SENIOR DEPUTY PRESIDENT ACTON

AG2005/5770 AG2005/5769

APPLICATION BY NATIONAL UNION OF WORKERS-VICTORIAN BRANCH & MCK PACIFIC PTY LTD TRADING AS PLEXICOR AUSTRALIA
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/5770)

MELBOURNE

10.44AM, THURSDAY, 06 OCTOBER 2005

PN1

MS S ALLISON: I appear on behalf of the National Union of Workers.

PN2

MS W DOGGET: I appear on behalf of Plexicor Australia.

PN3

THE SENIOR DEPUTY PRESIDENT: Okay. Ms Allison?

PN4

MS ALLISON: Thanks, your Honour. The parties seek the termination of the Plexicor Australia and National Union of Workers Certified Agreement 2003. Your Honour, again the parties seek the termination of that agreement because they have negotiated and agreed to an agreement to replace that document being the Plexicor Australia and NUW Certified Agreement 2005. Your Honour you should have on file a statutory declaration from Martin Becoula, the branch secretary in support of the application for termination.

PN5

The statutory declaration sets out that a vote of the employees was conducted on 1 September 2005 and a valid majority of the employees voted in favour of the termination of the agreement. Your Honour, turning to the application for certification of the MCK Pacific trading as Plexicor Australia and National Union of Workers Certified Agreement 2005. I should first indicate that the document on the Commission's files which was lodged on 8 September includes a clause that the Full Bench in the decision PR962259 found did not pertain to the employment relationship.

PN6

That clause can be found at 15.4.4 of the Plexicor Australia and NUW Enterprise Agreement. The parties therefore amended the enterprise agreement and re-submitted the agreement for a vote. Following a 14 day period the employees voted on the amended agreement on 1 October 2005. Your Honour, I have an amended copy of the enterprise agreement and a statutory declaration from the union and the company to that effect that I will hand up.

EXHIBIT #NUW1 STATUTORY DECLARATION OF MS DOGGET DATED 06/10/2005
EXHIBIT #NUW2 STATUTORY DECLARATION OF MS ALLISON DATED 06/10/2005

PN7

THE SENIOR DEPUTY PRESIDENT: And the amended agreement Plexicor Australia and National Union of Workers Certified Agreement 2005 as NUW3.

EXHIBIT #NUW3 AMENDED AGREEMENT

PN8

MS ALLISON: Your Honour, I just note that the statutory declarations refer to MCK Pacific trading as Plexicor Australia in the title of the agreement, in the statutory declarations where the title of the agreement is actually just Plexicor Australia and the NUW Certified Agreement 2005 and that is a typo in the stat decs. Your Honour, otherwise we say that the agreement and the application meet all the requirements of the Act, rules and regulations and would seek the certification of the agreement. Thank you.

PN9

THE SENIOR DEPUTY PRESIDENT: Ms Dogget?

PN10

MS DOGGET: If the Commission pleases. Plexicor Australia has consulted with its legal representatives, its corporate head office and the people and we would seek that the certification go ahead.

PN11

THE SENIOR DEPUTY PRESIDENT: I will just note but I think it is a matter that can be left. The clauses in the arrangement part of the agreement don't correspond with the clauses in the actual agreement. They are all, sort of one out and I think that is just a product of the way the thing has been set out. For example, clause 3 in the agreement is definitions but in the arrangements clause it is clause 4.

PN12

MS ALLISON: Thanks, your Honour. We can amend that, the index and have that forwarded to you.

PN13

THE SENIOR DEPUTY PRESIDENT: Okay, if you want to do that. It is probably just a matter of amending the arrangements clause. Yes. Thank you. Well having regard to the material contained on the files in these matters and also the submissions put to me I am satisfied I should terminate the Plexicor Australia and National Union of Workers Certified Agreement 2003. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations.

PN14

The termination will come into effect from today's date. I am also satisfied, having regard to that material that I should certify the agreement known as the Plexicor Australia and National Union of Workers Certified Agreement 2005. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of that agreement will come into force from today's date and remain in force until 30 September 2008. I will now adjourn.

<ADJOURNED INDEFINITELY [10.51AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 STATUTORY DECLARATION OF MS DOGGET DATED 06/10/2005 PN6
EXHIBIT #NUW2 STATUTORY DECLARATION OF MS ALLISON DATED 06/10/2005 PN6
EXHIBIT #NUW3 AMENDED AGREEMENT PN7