AG2005/5905, Transcript of Proceedings [2005] AIRCTrans 2279 (3 November 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13310-1

DEPUTY PRESIDENT LEARY

AG2005/5905

APPLICATION BY FAULDING HEALTHCARE PTY LTD & NATIONAL UNION OF WORKERS
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/5905)

HOBART

1.05PM, TUESDAY, 18 OCTOBER 2005

PN1

MR W BOLITHO: If the Commission pleases, I appear for the National Union of Workers.

PN2

MS A MILLHOUSE: I appear for Health Care Pty Ltd and with me is
MR P PRINCE.

PN3

THE DEPUTY PRESIDENT: Thank you. Mr Bolitho would you like to speak to the document?

PN4

MR BOLITHO: Yes Madam President. An application made under section 170LJ of Division 2 of Part VI of the Workplace Relations Act has been made for certification of the following, Healthcare Pty Ltd Tasmania Enterprise Agreement 2005. The agreement covers employees that are covered by the following award; the Wholesale Pharmaceutical Awards, Tasmanian State Award. The NUW submits that the requirements of the Workplace Relations Act 1996 have been met, with the exception of section 111(1)(r) and we ask the Commission to exercise its power to extend the timeframe on that.

PN5

THE DEPUTY PRESIDENT: The reason being?

PN6

MR BOLITHO: The reason being is that it was a clerical error on our part. Our secretary was overseas at the time, we were unable to get it to him before he came, when he returned he was on leave, so the error lies with the union Madam President.

PN7

THE DEPUTY PRESIDENT: Maybe leave should be cancelled in some circumstances.

PN8

MR BOLITHO: I would suggest that you send that to my secretary.

PN9

THE DEPUTY PRESIDENT: No, I wouldn't dare.

PN10

MR BOLITHO: Section 170LT(2) has been met and the agreement passes the no disadvantage test. Section 170LT(5) has been met and the agreement has been made in accordance with section 170LJ and a valid majority of persons employed at the time whose employment would be subject to the agreement have genuinely approved the agreement. Section 170LT(7) has been met as the explanation of the terms of the agreement to the employees has taken place in ways that were appropriate having regard to the circumstances and needs of the person employed. Section 170LT(8) has been met as clause 14 in the agreement includes a procedure for preventing and settling disputes between the employer and the employees whose employment will be subject to the agreement. Section 170LT(10) has been complied with and the agreement specifies 30 June 2006 as the nominal expiry date. Sorry, 2008.

PN11

Accordingly, unless the Commission has any questions the NUW requests that the Commission certifies the agreement in the terms sought, if the Commission pleases.

PN12

THE DEPUTY PRESIDENT: The only questions I have relate to the extension of time application. There was no industrial action?

PN13

MR BOLITHO: There was no industrial action Madam President.

PN14

THE DEPUTY PRESIDENT: No change in the make up of the employees.

PN15

MR BOLITHO: The composition of the workforce remains the same Madam President.

PN16

THE DEPUTY PRESIDENT: Right and the number of employees remains the same?

PN17

MR BOLITHO: That is correct.

PN18

THE DEPUTY PRESIDENT: Okay. That's fine, thank you, no other questions. Ms Millhouse.

PN19

MS MILLHOUSE: Thank you Deputy President. As you're aware this is an application by Faulding Healthcare and the National Union of Workers for certification of an agreement made pursuant to section 170LJ of the Workplace Relations Act. The agreement is to be known as the Faulding Healthcare Pty Ltd Tasmania Enterprise Agreement 2005. As my learned friend has made you aware Deputy President, the agreement was genuinely approved on 22 July 2005 by a valid majority of the persons employed at the time, whose employment will be subject to this agreement.

PN20

My first submission today Deputy President, deals with the issue of compliance with section 170LM of the Act. I would like to confirm that no industrial action has taken place during the time since the agreement was approved and the employees who voted on the agreement are the same ones that are currently employed and there has been no change in the composition of the workforce. Accordingly, we seek your discretion pursuant to section 111(1)(r) of the Act to extend the period within which the application to certify the agreement is to be made.

PN21

Our second submission today Deputy President, is that the agreement does no offend the wage fixing principles, nor is it contrary to the public interest. The agreement does pass the no disadvantage test and the terms of the agreement have been adequately explained to all persons. In addition, the agreement includes a dispute resolution procedure at clause 14. By virtue of clause 4.1 the agreement has an operative date and as such the requirements of section 170LT of the Act have been met. Accordingly we seek certification of the Faulding Healthcare Pty Ltd Tasmania Enterprise Agreement 2005. If it pleases that concludes my submissions.

PN22

THE DEPUTY PRESIDENT: Thank you. Did you wish to add anything else?

PN23

MR BOLITHO: No.

PN24

THE DEPUTY PRESIDENT: All right, firstly I will exercise my discretion and extend the time period for lodging the agreement pursuant to section 111(1)(r) of the Act. It's an application pursuant to section 170LJ of the Workplace Relations Act, for certification of an agreement to be known as the Faulding Healthcare Pty Ltd Tasmania Enterprise Agreement 2005. The parties to the agreement are the company and the National Union of Workers, Tasmanian branch. The agreement will cover those employees working in the classifications found in the agreement and located in Boland Street, Launceston. The company is a constitutional corporation and I'm satisfied that the parties have met the requirements of the Act and accordingly the agreement can be certified. An order will issue to take effect from today's date and remain in force until 30 June 2008. The agreement however came into effect from 1 July 2005. That agreement is hereby certified.

<ADJOURNED ACCORDINGLY [1.11PM]