AG2005/2684, Transcript of Proceedings [2005] AIRCTrans 494 (25 February 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10549

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

AG2005/2684

s.170MG - application to terminate agreement (valid majority)

APPLICATION BY THE AUSTRALIAN WORKERS' UNION - GREATER SOUTH AUSTRALIAN BRANCH AND ANOTHER
(AG2005/2684)
Northern Areas Council Enterprise Agreement (AWU) No. 2 of 2001

ADELAIDE

1.33PM, THURSDAY, 17 FEBRUARY 2005

PN1

MR R SKUSE: I appear for the Australian Workers' Union.

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Skuse. Mr Skuse, I should note that I understand that the Northern Areas Council has advised my office shortly after the matter was listed, that it was not able to attend this hearing but that it supported the application.

PN3

MR SKUSE: Yes, sir.

PN4

THE SENIOR DEPUTY PRESIDENT: Perhaps you could just advise me of the process that was followed, such that the employees were able to endorse the decision to terminate this particular agreement. I am particularly interested in what employees were told and the basis upon which they made that decision.

PN5

MR SKUSE: In respect to the position in relation to how it was arrived at a decision to terminate the agreement is that after applying to certify the agreement in the federal jurisdiction, and due to some consequences as to the certification in that arena the single bargaining unit of the council met to discuss questions asked or raised by the Commission in relation to that jurisdiction and it was then formalised through that bargaining unit that the employees would go back to the employers with the position that it may be in the best interests of the employees and council that we re-list and register the agreement in the state jurisdiction. To comply in one sense the logic was, (a), the matters that were tied in relation to Electrolux was one of the specific reasons and the other one was that we thought it was in the best interests to tie the agreement with the award of which it is tied with.

PN6

So the process then was that the single bargaining unit representatives from council was myself from the union and the employee reps, we held a meeting in relation to the proposal, put the proposal to the members of the employees, 24 in number. Subsequently they then endorsed the position that was put in relation to seeking application in the state jurisdiction which has been completed, and it was under advice from the Commission at that time, in the state jurisdiction, that for the sake of good housekeeping it would be necessary to come back to this Commission and terminate the federal agreement.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you, Mr Skuse. On the basis of that information, together with the statutory declaration which is signed by both the Northern Areas Council and the AWU, I am satisfied that the pre-conditions for termination of this certified agreement in accordance with Section 170MG of the Act have been met. Accordingly I will terminate the agreement with effect from today. An order to that effect will be forwarded out to the parties in the next few days.

PN8

I will adjourn the matter on that basis.

<ADJOURNED INDEFINITELY [1.38PM]