AG2005/2812, Transcript of Proceedings [2005] AIRCTrans 385 (16 February 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10348

COMMISSIONER WHELAN

AG2005/2812

s.170LJ - agreement with organisations of employees (division 2)

APPLICATION BY NATIONAL UNION OF WORKERS-VICTORIAN BRANCH AND ANOTHER
(AG2005/2812)
Storage Services - General - Award 1999

MELBOURNE

10.12AM, FRIDAY, 04 FEBRUARY 2005

PN1

MS A PARKES: I appear for the National Union of Workers.

PN2

THE COMMISSIONER: Thanks, Ms Parkes. In relation to this application, I do have a copy of the agreement as signed by Mr Pakula on behalf of the union and by Mr Karpathakis on behalf of the company and those two gentlemen have also provided statutory declarations in relation to the agreement. There was one issue in relation to the application and that is that it was lodged outside of the 21 days.

PN3

MS PARKES: That was correct, Commissioner. I did intend to address you on that.

PN4

THE COMMISSIONER: Yes.

PN5

MS PARKES: Whilst the Commissioner has just referred to statutory declarations, can I just check, an additional or a replacement statutory declaration was filed by the employer, or specifically Mr Karpathakis on behalf of the company. It was declared on 27 January. The only change in the statutory declaration was the nominal expiry date. When the company initially did the original statutory declaration, they put expiry date as three years and one day instead of the three years. Is that on the Commission's file, because I do have a - - -

PN6

THE COMMISSIONER: We have received that, yes.

PN7

MS PARKES: Okay.

PN8

THE COMMISSIONER: Yes, we did receive that and I think that we noted the different dates, so we thought it would be a good idea to have clarity as to which was the day on which it expired.

PN9

MS PARKES: Thank you, Commissioner. Now, if I could just address you on the issue of late lodgement.

PN10

THE COMMISSIONER: Yes.

PN11

MS PARKES: As you have correctly identified, the documentation was lodged approximately one week out of time and we would seek that the Commission exercise its discretion pursuant to section 111(1)(q) of the Act to extend time. If I could perhaps just explain the actual voting and documentation were originally prepared right before the Christmas break and the Commissioner will be able to see that from the dates on the file.

PN12

THE COMMISSIONER: Yes.

PN13

MS PARKES: And due to the Christmas break, with our office being shut down, the relevant officials being on leave, that unfortunately contributed to the delay in that. By the time the relevant official was back from leave, the 21 days had passed. I have spoken to the relevant organiser for the site and I am advised that there has not been any significant change to the composition of the workforce and on that basis, Commissioner, we would respectfully request that you exercise your discretion and waive the 21 day time period, if the Commission pleases. We would submit that, other than that particular issue, that the agreement meets the requirements of the Act and we would rely on the two statutory declarations before you on behalf of the union and the employer, if the Commission pleases.

PN14

THE COMMISSIONER: Thanks Ms Parkes. I can understand that when you sign agreements on 22 December, sometimes you have problems in getting everything in within the 21 days over that time period and I also understand from the submission that the time period, there should not be a significant effect in terms of the numbers of employees or the composition of the workforce. On that basis I am prepared to extend the time for lodgement of this application in order to deal with the application for certification of the agreement.

PN15

Having read the agreement and the statutory declarations, I am satisfied that the agreement is one which deals with matters pertaining to the relationship of the employer and employees in the relevant workplace. I am further satisfied that it passes the no disadvantage test and save for the 21 day time limit, all the statutory requirements for certification have been met. The agreement will therefore be certified. The date of certification will be 4 February 2005. In accordance with the terms of the agreement itself, the nominal expiry date will be 31 December 2007 and copy of the certificate will be issued and copies will be provided to the union and to the relevant employer. Thanks, Ms Parkes.

<ADJOURNED INDEFINITELY [10.16AM]