AG2005/7897, Transcript of Proceedings [2005] AIRCTrans 2575 (30 December 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13761-1

COMMISSIONER TOLLEY

AG2005/7897

APPLICATION BY THE AUSTRALIAN WORKERS’ UNION - VICTORIA BRANCH & TRANSPORT WORKERS’ UNION OF AUSTRALIA AND ANOTHER
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/7897)

MELBOURNE

10.57AM, THURSDAY, 15 DECEMBER 2005

PN1

MR B SHAW: I seek leave to appear for the applicant company and with me is MR M BUTTERWORTH and MR D BOLTON.

PN2

MR C WINTER: I appear on behalf of the AWU.

PN3

THE COMMISSIONER: Thank you. Leave is granted Mr Shaw, I am sure there are no objections. The TWU have indicated that they can’t be in attendance but support the making of the agreement. Mr Shaw.

PN4

MR SHAW: Commissioner, this is an application made for a certification of a certification of an agreement that’s been negotiated between the parties pursuant to section 170LJ of the Act. We say and I think I’m sure Mr Winter will agree that the agreement passes the no disadvantage test. It doesn’t offend the High Courts Electrolux decision in that it contains matters pertaining to the employer/employee relationship and nor does it offend any of the provisions of section 170LT or 170LU of the Act and we would seek to have it certified today.

PN5

THE COMMISSIONER: Thank you. Mr Winter.

PN6

MR WINTER: Yes Commissioner, we would support the submission. The agreement took six months of negotiation and covers various quarries and ….. plants in country areas and there has been mass meetings throughout the state in considering the agreement.

PN7

THE COMMISSIONER: Yes thank you. The Commission agrees with the submissions made. There is nothing in the agreement which will offend any decision of the High Court. The agreement has been properly filed as per the rules of the Commission and meets the requirements of the Act. Accordingly, pursuant to section 170LT of the Workplace Relations Act 1996 the agreement known as the Hanson Construction Materials Pty Ltd AWU and TWU Country Operations Agreement 2005-2008 is certified. The agreement comes into force as of today’s date 15 December 2005 and it is to remain in force until the
15 December 2008. The matter’s adjourned, the Commission’s adjourned, good morning.

<ADJOURNED INDEFINITELY [10.59AM]