AG2005/2851, Transcript of Proceedings [2005] AIRCTrans 473 (24 February 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 10510

COMMISSIONER TOLLEY

AG2005/2851

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

APPLICATION BY TRANSPORT WORKERS' UNION OF AUSTRALIA-VICTORIAN/TASMANIAN BRANCH AND ANOTHER
(AG2005/2851)
Transport Workers Award 1998

MELBOURNE

10.14AM, TUESDAY, 15 FEBRUARY 2005

PN1

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

PN2

MR T BARR: I appear on behalf of Patrick Port Services and with me is
MR G MORRISSEY.

PN3

THE COMMISSIONER: Yes. Thank you. Ms Ryall.

PN4

MS RYALL: Commissioner, this is an application made under division 2 of part VIB of the Workplace Relations Act for the certification of an agreement. All the requirements of the Act and regulations and rules of the Commission have been met, except in relation to section 170LM which requires that the application to certify an agreement be made within 21 days of the agreement's approval.

PN5

Unfortunately, this agreement is approximately 73 days out of time. Initially, there was some confusion surrounding the application of the Electrolux decision and then some confusion, I believe, over which party was going to lodge the agreement which resulted in a delay in the Victorian branch receiving the agreement and having it passed on, and going through the relevant approval processes at State and Federal level.

PN6

However, I am instructed that there has been no material or significant change in the composition of the workforce between the date of approval and the date that the agreement was filed in the Commission, and on that basis we would ask the Commission to extend the time for filing under section 111(1)(r).

PN7

THE COMMISSIONER: Yes. Thank you.

PN8

MS RYALL: Commissioner, the agreement meets the requirements of section 170LT and unless you have any further questions, Commissioner, we are seeking that the agreement be certified from today's date.

PN9

THE COMMISSIONER: Yes. Thanks, Ms Ryall. Mr Barr.

PN10

MR BARR: Commissioner, we would consent to the extension of time, the abridging of time.

PN11

THE COMMISSIONER: I am the one who consents to the extension of time,
Mr Barr, not you.

PN12

MR BARR: Sorry, Commissioner.

PN13

THE COMMISSIONER: I am the one who says the time will be extended, not you.

PN14

MR BARR: I am just saying that we don't oppose the - - -

PN15

THE COMMISSIONER: Well, I hope not, sir. It is your agreement. You are probably both at fault, but I won't go into that.

PN16

MR BARR: Commissioner, we also would like to confirm that there has been no composition change to the workforce.

PN17

THE COMMISSIONER: That is what I wanted to hear. Thank you.

PN18

MR BARR: Also, Commissioner, we agree that all the requirements of section 170LT have been met. Thank you.

PN19

THE COMMISSIONER: Thank you. Well, the Commission extends the time of filing for the agreement. Unfortunately, these mix-ups happen from time to time. It just means it pays - you have got to be more vigilant in the future about time limits. But apart from that, the matter has been dealt with properly according to the requirements of the Act and the rules of the Commission.

PN20

No section or any matter contained in it meets or offends with the High Court decision in Electrolux. Accordingly, that agreement between the Transport Workers' Union of Australia and Patrick Port Services Pty Limited to be known as Patrick Port Services (TWU Melbourne EX Rocke Coulson) Enterprise Agreement 2004 is, pursuant to section 170LT the Workplace Relations Act 1996 certified. The agreement shall come into force from today's date, 15 February 2005 and remain in force until 5 August 2006. Commission is adjourned.

<ADJOURNED INDEFINITELY [10.18AM]