AG2005/7895, Transcript of Proceedings [2005] AIRCTrans 2604 (30 December 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13779-1

VICE PRESIDENT ROSS
DEPUTY PRESIDENT IVES
COMMISSIONER TOLLEY

AG2005/7895

APPLICATION BY ASSOCIATION OF MARKET AND SOCIAL RESEARCH ORGANISATIONS (AMSRO) & NATIONAL UNION OF WORKERS-VICTORIAN BRANCH
s.170LC - Multiple business agreement
(AG2005/7895)

MELBOURNE

9.33AM, FRIDAY, 16 DECEMBER 2005

PN1

MR A MAHER: I seek leave to appear on behalf of the applicant, the Association of Market and Social Research Organisations.

PN2

MS A PARKES: I appear for the National Union of Workers, appearing with me is MR J CARTWRIGHT.

PN3

THE VICE PRESIDENT: Thank you. Do you have any objection to
Mr Maher’s appearance?

PN4

MS PARKES: No your Honour.

PN5

THE VICE PRESIDENT: Leave is granted Mr Maher. Ms Parkes we’ve had the opportunity to read the agreement and material filed in support of the application. Perhaps we can just raise some questions with you.

PN6

MS PARKES: Certainly your Honour.

PN7

THE VICE PRESIDENT: I note the application states it’s been made under Division 2 of Part VIB. Are all of the employers’ party to the agreement, either constitutional corporations within the meaning of the Act or employers in Victoria?

PN8

MS PARKES: Yes your Honour.

PN9

THE VICE PRESIDENT: I note what’s said about the negotiation period that everyone was provided - every employee to be covered by the agreement was provided with an opportunity to vote and there was a valid majority both in each of the individual businesses and also overall.

PN10

MS PARKES: That is correct your Honour.

PN11

THE VICE PRESIDENT: And I see what you’ve said about the public interest. Do you also say that the agreement is about matters which pertain to the employment relationship?

PN12

MS PARKES: Yes your Honour.

PN13

THE VICE PRESIDENT: And that on certification the agreement would not result on balance in a reduction in the overall terms and conditions of employment of the employees covered by it?

PN14

MS PARKES: Yes your Honour.

PN15

THE VICE PRESIDENT: I note the agreement includes a dispute settlement clause and specifies a nominal expiry date. In relation to the public interest considerations, is the essence of that that many of the employers party to the agreement do not employ specialist personnel capable of negotiating individual agreements and they rely on the organisation that Mr Maher represents to provide such a service?

PN16

MS PARKES: That is correct your Honour.

PN17

THE COMMISSIONER: So in the absence of a capacity to have multi business agreement certified it would result in the - or the alternative would be individual agreements in respect of each business which would result in increased costs to the employers concerned, is that correct?

PN18

MS PARKES: That would be correct yes.

PN19

THE VICE PRESIDENT: All right, thank you. Anything further you wish to add?

PN20

MS PARKES: Your Honour, the only additional comment I would make is that this is a - the negotiations for this particular agreement where entered into with a great spirit of co-operation between the parties and that it’s the strong desire of the parties that the agreement be certified. The Bench would be aware that the agreement covers approximately 10,000 employees, many of which are casual employees and we would submit that the certification of the agreement would provide certainty as to wages and conditions for approximately the next three years, if the Commission pleases.

PN21

THE VICE PRESIDENT: I think there are some 85 employers to be bound?

PN22

MS PARKES: 86 your Honour.

PN23

THE VICE PRESIDENT: 86 and they’re employing just over what about 10,500 employees?

PN24

MS PARKES: That is correct your Honour. If the Commission pleases.

PN25

THE VICE PRESIDENT: Thank you Ms Parkes. Mr Maher do you agree with the submissions that Ms Parkes has made and also the answers that she gave to the questions I put to her?

PN26

MR MAHER: Yes your Honour.

PN27

THE VICE PRESIDENT: We propose to proceed to decision. This is an application under Part VIB of the Workplace Relations Act for the certification of an agreement to be known as the NUW and AMSRO Market Research Industry Agreement 2005-2008. The parties to the agreement are the National Union of Workers on the one hand and the employers listed in schedule A to the agreement. As the agreement applies to businesses carried on by more than one employer, it is a multi business agreement within the meaning of section 170LC of the Act. Multi business agreements can only be certified by a Full Bench of the Commission. Further, section 170LC 4 provides that a Full Bench must not certify a multi business agreement unless it is satisfied that it is in the public interest to do so, having regard to the matters set out in that subsection.

PN28

The business of the relevant employers is that of market research. A total of 86 employers have proposed to be bound by the agreement employing some 10,636 persons of whom 8,798 are casuals. Having regard to the submissions of the parties we are satisfied that it is in the public interest to certify the agreement. In particular we have had regard to the fact that many of the employers’ party to the agreement do not employ specialist personnel capable of negotiating individual agreements and rely on AMSRO to provide such a service. We are also conscious of the fact that the application is an efficient and cost effective method of processing the parties’ agreement. To require individual workplace agreements in respect to each single business would result in increased costs for the employers concerned.

PN29

We are also satisfied that the matters dealt with in the agreement could not be more appropriately dealt with by agreements other than a multiple business agreement under Part VIB of the Act. In addition to the requirements of section 170LC subsection 4 the agreement must meet the legislative requirements set out in section 170LT and 170LU. Once we are satisfied that these requirements have been met we must certify the agreement. On the basis of the material filed in support of the application we are satisfied that all of the relevant requirements of the Act and rules have been met and accordingly we will certify the agreement. Nothing further, we’ll adjourn.

<ADJOURNED INDEFINITELY [9.39AM]