AG2005/7549, Transcript of Proceedings [2005] AIRCTrans 2483 (9 December 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13533-1

COMMISSIONER GRAINGER

AG2005/7549

APPLICATION BY GOULBURN VALLEY REGIONAL LIBRARY CORPORATION & AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION - VICTORIAN AUTHORITIES AND SERVICES BRANCH
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/7549)

MELBOURNE

9.39AM, THURSDAY, 24 NOVEMBER 2005

PN1

MR N HENDERSON: I appear on behalf of the ASU.

PN2

MR K BEAMISH: I appear on behalf of Goulburn Valley Regional Library Corporation.

PN3

THE COMMISSIONER: Thank you. Mr Henderson, you're taking me through the agreement. Thank you.

PN4

MR HENDERSON: Commissioner, the ASU relies on the statutory declaration which has been filed with the agreement. In relation to the agreement, there are a couple of things that I need to take you to, Commissioner, firstly clause 37, the right of entry clause. Having regard to the way that the right of entry is expressed there, the union gives an undertaking that the right of entry would only be exercises for the purposes of ensuring compliance with the agreement in terms of the agreement or the award in the manner set out there in clause 37.

PN5

THE COMMISSIONER: Yes.

PN6

MR HENDERSON: I also just want to take you to the dispute settling clause, clause 12. To avoid any doubt about the operation of this clause, Commissioner, the union gives an undertaking that an employee exercise any rights under this clause to do so with a representative of their choice. Other than that, Commissioner, in our submission the agreement complies with the requirements of the Act, doesn't disadvantage any employees as a consequence of its operation and we'd seek an order certifying the agreement to come into force and to expire on 30 June 2008 which is - - -

PN7

THE COMMISSIONER: Yes, it's less than three years.

PN8

MR HENDERSON: - - - less than three years. If the Commission pleases.

PN9

THE COMMISSIONER: Thanks, Mr Henderson. Yes, Mr Beamish. You concur with all those submissions?

PN10

MR BEAMISH: Yes, Commissioner.

PN11

THE COMMISSIONER: And, Mr Beamish, you've handed up a statutory declaration from you that's actually been dated, is that right?

PN12

MR BEAMISH: Yes.

PN13

THE COMMISSIONER: Thank you very much. Yes, I'm satisfied on the basis of the written submissions and the submissions and undertakings made before the Commission today that the Goulburn Valley Regional Library Corporation Enterprise Agreement Number 3 2005 meets all the relevant statutory requirements for certification. The term of the agreement at clause 5 will be less than three years. In fact, it will be from certification to 30 June 2008. There's an appropriate dispute resolution procedure at clause 12 and I note the undertaking of Mr Henderson in that regard.

PN14

The agreement doesn't disadvantage the employees. In fact, it contains a number of advantageous clauses for them noted in particularly clause 10, 11, 15 as to the quantum of increases, 17, 18, 19, 20, 22, 23, 29 and 30. I note the undertaking of the union with regard to clause 37 as to the right of entry and that will be noted on the file and accordingly I do certify this agreement today, 24 November 2005. Thank you very much, Mr Beamish. It's very kind of you to come in.

<ADJOURNED INDEFINITELY [9.42AM]