AG2005/6120, Transcript of Proceedings [2005] AIRCTrans 2550 (29 December 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13609-1

COMMISSIONER TOLLEY

AG2005/6120

APPLICATION BY ALSAFE PREMIX CONCRETE PTY LTD & TRANSPORT WORKERS’ UNION OF AUSTRALIA-VICTORIAN/TASMANIAN BRANCH
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/6120)

MELBOURNE

10.01AM, MONDAY, 05 DECEMBER 2005

PN1

MS H RYALL: I appear for the Transport Workers Union.

PN2

MS N BOEHM: I appear for the Australian Industry Group on behalf of Alsafe Premix Concrete Pty Limited. Commissioner, with me today I have
MR L GNOCCHI General Manager of the company.

PN3

THE COMMISSIONER: Yes thanks. Ms Ryall.

PN4

MS RYALL: Thank you Commissioner, this is a section 170LJ application for certification of the agreement. We submit that the agreement meets the requirements of the Act regulations and rules of the Commission except in relation to the time of filing which I believe ….. certify the agreement from today's date.

PN5

THE COMMISSIONER: Yes thank you. Ms Boehm.

PN6

MS BOEHM: Thank you Commissioner. Commissioner, an application was filed with the Commission by the company on the 13 September 2005. The genuine valid majority of employees made the agreement on 27 July 2005. We seek for the Commission to exercise its discretion under section 111(1)(r) of the Act to extend the 21 day time limit prescribed. I have instructions that the reason for lateness in lodging was administrative. As advised in correspondence to the Commission on 29 September 2005 the company had experienced delays in receiving the TWUs signed documentation. Commissioner, we have been advised that the relevant union organiser had resigned during the relevant period and this caused much confusion, documentation was misplaced.

PN7

THE COMMISSIONER: Yes.

PN8

MS BOEHM: We have been advised that for this reason there was also a delay with the documentation being filed, however you have received it now. I also have received a copy from the union. For this reason we ask that the Commission use its discretion to extend - - -

PN9

THE COMMISSIONER: Apart from that you support the making of the agreement do you?

PN10

MS BOEHM: I do, I do Commissioner.

PN11

THE COMMISSIONER: Thank you

PN12

MS BOEHM: Thank you.

PN13

THE COMMISSIONER: Well the time for filing is extended pursuant to section 111(1)(r) of the Workplace Relations Act. Proper reasons have been given. The agreement between the Transport Workers Union of Australia and Alsafe Premix Concrete Pty Limited to be known as the Alsafe Premix Concrete Pty Limited Agitator Drivers Employees Enterprise Agreement 2005 - 2008 is pursuant to section 170LT of the Workplace Relations Act 1996 certified. The agreement shall come into force from today’s date 5 December 2005 and remain in force until the 30 April 2008 the matters adjourned, thank you and good morning.

<ADJOURNED INDEFINITELY [10.03AM]