AG2004/8514, Transcript of Proceedings [2005] AIRCTrans 35 (4 January 2005)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 9566

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

AG2004/8514

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Bonlac Foods Limited and Another for
certification of the Bonlac Foods Farm Milk
Collection Transport Services Agreement
Victoria 2004

MELBOURNE

10.13 AM, TUESDAY 21 DECEMBER 2004

PN1

MS A. WRIGHT: I am from the Australian Industry Group appearing on behalf of Bonlac Foods Limited and with me is Mr Wayne TONISSEN from the company.

PN2

MS RYALL: I appear for the Transport Workers Union in this matter.

PN3

THE COMMISSIONER: Ms Wright.

PN4

MS WRIGHT: Commissioner, this is an application made under division 2 of Part VIB of the Workplace Relations Act for certification of an agreement made in accordance with section 170LJ namely the Bonlac Foods Farm Milk Collection Transport Services Agreement Victoria 2004. The terms of the agreement were reached between the company and the Transport Workers Union on behalf of the employees covered by the Transport Workers Bulk Milk Carters Award 2002. Commissioner, the parties seek for the Commission to exercise its discretion under section 111(1)(r) of the Act to extend the 21 day limit prescribed in section 170LM(2).

PN5

The Commission will have noted that while the agreement was approved by employees on 12 October 2004 it was not filed until 3 December 2004. Commissioner, my understanding is that the reason for the delay was administration hold-ups, I think it was late in getting to the union and then there were further delays once it was received by the union in getting it signed. I thought that may have had something to do with the handing down of the Electrolux High Court decision but the union tells me today that they are not so sure that that was the reason, that it was more a hold-up in getting the agreement signed and the stat decs completed however, Commissioner, the composition of the workforce has not changed since the vote was taken on 12 October 2004.

PN6

Commissioner, the parties have prepared statutory declarations which the parties believe meet all of the requirements of the Act, regulations and rules of the Commission. We further submit that all of the requirements of section 170LJ and 170LT have been met namely the agreement does not disadvantage employees covered by it, a valid majority of employees approved the agreement on 12 October 2004, access to the agreement and an explanation of the terms of the agreement occurred in accordance with the requirements of section 170LR and was appropriate having regard to the particular circumstances of the employees covered by the agreement.

PN7

The agreement contains a disputes settlement procedure in clause 29 and the period of operation is set out in clause 31 where it is stated that the agreement will expire on 31 March 2007. Commissioner, subject to any questions, we therefore request that the Commission certify the agreement in the terms sought.

PN8

THE COMMISSIONER: Yes, thank you, Ms Wright.

PN9

MS WRIGHT: Thank you.

PN10

THE COMMISSIONER: Ms Wright.

PN11

MS RYALL: Commissioner, the Transport Workers Union supports the submissions of the Australian Industry Group today particularly in relation to the request for an extension of time under section 111(1)(r). The agreement was not received by our office until I think 17 November so by that stage it was already out of time. At that stage it hadn't been signed by the Victorian Branch so it had to be forwarded back to them for checking and signing and then was given back to us at a later time when John Allen wasn't available to sign the agreement for about a week and it was forwarded back to AIG at the earliest opportunity after that. In light of the fact that there has been no change to the composition of the workforce we would ask that you would certify the agreement from today's date.

PN12

THE COMMISSIONER: Yes, thank you, Ms Ryall. I have no questions of either party. The agreement meets the requirements of the Workplace Relations Act and was filed pursuant to rules of the Commission and the Commission extends the time of filing as provided by section 111(1)(r) of the Workplace Relations Act. As the agreement does not offend that decision known as the Electrolux decision in any way, the Commission is of the view that the matter should be certified. Accordingly, pursuant to section 170LT of the Workplace Relations Act 1996, the Commission certifies the said agreement. The agreement will come into force from today's date, 21 December 2004, and shall remain in force until 31 March 2007. The matter is adjourned. I wish you all the compliments of the season. Good morning.

ADJOURNED INDEFINITELY [10.20am]