AG2005/7558, Transcript of Proceedings [2005] AIRCTrans 2482 (9 December 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13534-1

COMMISSIONER GRAINGER

AG2005/7558

APPLICATION BY SWAN HILL RURAL CITY COUNCIL & AUSTRALIAN EDUCATION UNION-VICTORIAN BRANCH AND OTHERS
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/7558)

MELBOURNE

9.42AM, THURSDAY, 24 NOVEMBER 2005

PN1

THE COMMISSIONER: Mr Henderson, you appear to be on your own-some from the union's side on this one.

PN2

MR N HENDERSON: It appears so, Commissioner, although I understand all the other parties were notified. I appear for the ASU.

PN3

MR S WILSON: I appear for the Swan Hill Rural City Council.

PN4

THE COMMISSIONER: Thanks. Who is going to take me through the agreement?

PN5

MR WILSON: I will do that.

PN6

THE COMMISSIONER: Thanks. I note Mr Quinn has sent a fax saying they won't be here, but supporting the matter and, of course, the statutory declarations did that in any event. Yes, Mr Wilson.

PN7

MR WILSON: Thank you, Commissioner. Commissioner, this is an application to certify the Swan Hill Rural City Council Enterprise Agreement of 2005. Commissioner, to that end we would rely on the statutory declaration of Damien Maloney who is the chief executive officer of the city. The statutory declaration does point to a small number of matters that are said to be disadvantageous to employees and I think that's even arguable, but nevertheless, Commissioner, they are well and truly outweighed by a significant number of benefits that are also identified at 7.5 in the agreement and as such we believe it does meet the requirements of the Act and ask it be so certified. If the Commission pleases.

PN8

THE COMMISSIONER: Thank you. Mr Henderson.

PN9

MR HENDERSON: Thank you, Commissioner. We support those submissions and rely on the statutory declaration of the union filed with the Commission. I think the right of entry clause might need an undertaking.

PN10

THE COMMISSIONER: I didn't raise this one with you, so it can't have leapt out at me.

PN11

MR HENDERSON: Clause 25. Yes, well, what it does, Commissioner, is that the first paragraph sets out that the purpose of entry is for discussions with management so it does need an undertaking that the right of entry would be exercised for the purposes of ensuring compliance with the award and the agreement in the manner set out.

PN12

THE COMMISSIONER: No, no, it's fine. It says:

PN13

Persons who are eligible to be members in relation to this agreement or relevant award, Act or regulation.

PN14

MR HENDERSON: Yes, and the second paragraph. It's the first - - -

PN15

THE COMMISSIONER: All right, well, I'm happy to take an undertaking from you.

PN16

MR HENDERSON: We will give one for the sake of safety.

PN17

THE COMMISSIONER: For abundant caution. Yes, thank you very much.

PN18

MR HENDERSON: Thank you, Commissioner.

PN19

THE COMMISSIONER: I am satisfied that the Swan Hill Rural City Council Enterprise Agreement 2005 meets all the relevant statutory requirements for certification. I note that the term of the agreement at clause 4 will be from certification for three years, so it won't exceed three years. There's an appropriate dispute resolution procedure set out at clause 22.

PN20

The parties have indicated that the agreement does contain some provisions which might be disadvanteous and they were clause 13.4, 26.2, 26.4(b), 27.1, 27.7 and 27.11, but the agreement in fact also provides quite a number of provisions which are advantageous, particularly at clause 10 as to the quantum of pay increases, clause 11, 12.1, 12.4, 13.2, 17, 24, 27.2, 27.3, 27.4, 28.4 and 31.3 and I'm satisfied on balance that the advantages outweigh any potential disadvantages and accordingly I do certify this agreement today, 24 November 2005. I thank you, Mr Henderson, and you, Mr Wilson, for your submissions and I now adjourn.

<ADJOURNED INDEFINITELY [9.46AM]