AG2005/6702, Transcript of Proceedings [2005] AIRCTrans 2462 (8 December 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13535-1

COMMISSIONER GRAINGER

AG2005/6702

APPLICATION BY PYRENEES SHIRE COUNCIL & AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION - VICTORIAN AUTHORITIES AND SERVICES BRANCH AND OTHERS
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/6702)

MELBOURNE

2.40PM, WEDNESDAY, 23 NOVEMBER 2005

PN1

MR R WALL: I appear for the Victorian Chamber of Commerce and Industry, representing Pyrenees Shire Council, if the Commission pleases.

PN2

MS A LEE: I appear for APESMA

PN3

MS M McCANN: I appear for the ASU.

PN4

THE COMMISSIONER: Yes, thank you. Mr Wall, I understand you are going to take me through all of these, is that right?

PN5

MR WALL: Yes, that’s correct, Commissioner.

PN6

THE COMMISSIONER: Yes. And I understand that, is it Ms Lee, or
Ms McCann, who are not involved in one or two of them?

PN7

MS LEE: Yes, Commissioner, APESMA is not involved in the Boroondara agreement.

PN8

THE COMMISSIONER: That’s the only one, is it?

PN9

MS LEE: Yes. Sorry, there are two.

PN10

THE COMMISSIONER: The two, yes. Look, why don’t we deal with those first and then Ms Lee. No, sorry, I’m dealing with them last, because you’re not involved.

PN11

MS LEE: Thank you, Commissioner.

PN12

THE COMMISSIONER: So, I’ll start with agreement 2005/6702, Pyrenees Shire Council. Yes, run me through that one.

PN13

MR WALL: Thanks, Commissioner. Commission, we ask that the Commission sees fit to certify the agreement today. I believe that the requirements of the Workplace Relations Act have been met. I rely upon the statutory declaration that’s been submitted by the council’s chief executive officer Mr Steven Cornish. There is one issue, Commissioner, the Commission has indicated that the parties may need to put on record an undertaking in relation to clause 19.

PN14

THE COMMISSIONER: Yes, I was worried it was too broad and I just thought for a moment of caution it might assist if there was an undertaking that would confirm that it was confined in its scope to matters relating to the agreement and the awards.

PN15

MR WALL: Yes, Commissioner, the parties have had some discussions on that matter and the council’s clear understanding is that the right of entry clause, the discussion relates solely to matters arising from the enforcement of the agreement or a relevant award. I understand the unions are prepared to make that commitment too.

PN16

THE COMMISSIONER: Good, thank you very much, yes. Ms Lee?

PN17

MS LEE: Yes, Commissioner, the association supports the application and makes an undertaking accordingly that this agreement will be purely confined to matters pertaining to the relationship between employer and employee.

PN18

THE COMMISSIONER: Yes, the clause 19 right of entry provision. Yes, thank you. Yes, Ms McCann?

PN19

MS McCANN: Yes, Commissioner, we will also take that undertaking.

PN20

THE COMMISSIONER: Yes, good, thank you very much. Good, then. Ms Lee and Ms McCann you have otherwise no objections to the certification of the agreement?

PN21

MS McCANN: No, Commissioner

PN22

MS LEE: No, objections.

PN23

THE COMMISSIONER: Yes, thank you very much then. I am satisfied on the basis of the written submissions, the submissions, and undertaking before me today that the Pyrenees Shire Council Enterprise Agreement 2005 meets all the relevant requirements for certification. I note that the term of the agreement at clause 6 will be from certification to 15 October 2008 so it won’t exceed three years. There’s an appropriate dispute resolution procedure set out at clause 30. The agreement appears not to contain any disadvantages and indeed it does appear to contain a number of advantages contained in clause 12, 13, 15, 17, 26, 29, 32, 33, 34, 35, and 37. Accordingly, I do certify this agreement on today
23 November 2005.

<ADJOURNED INDEFINITELY [2.46PM]