AG2005/2703, Transcript of Proceedings [2005] AIRCTrans 745 (29 March 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10950-1

DEPUTY PRESIDENT HAMPTON*

AG2005/2703

APPLICATION BY NATIONAL UNION OF WORKERS-SOUTH AUSTRALIAN BRANCH
s.170MH - Application to terminate agreement (public interest)
(AG2005/2703)

ADELAIDE

9.28AM, THURSDAY, 17 MARCH 2005

PN1

THE DEPUTY PRESIDENT: Mr Thredgold.

PN2

MR THREDGOLD: Thank you, Deputy President. Deputy President, this is a new proceeding for myself.

PN3

THE DEPUTY PRESIDENT: I understand.

PN4

MR THREDGOLD: With Mr Trenouth no longer being with us.

PN5

THE DEPUTY PRESIDENT: Surely missed, I am sure.

PN6

MR THREDGOLD: Yes, you are right. Especially in these matters. Deputy President, I am not 100 per cent sure on what exactly I need to do, but what we are asking here is that once this agreement is replaced that this agreement is terminated.

PN7

THE DEPUTY PRESIDENT: Yes, all right. Well look, I understand the grounds that have been set out. I also understand that the precondition for those grounds is that state application be approved, which of course it hasn't been yet. I think in that context I should also indicate my understanding is the company supports this application as well. What I propose to do in relation to this matter, Mr Thredgold, is this, that having considered the relationship between the state agreements and the federal agreements on a number of occasions it is my view that it would not be contrary to the public interest for the federal agreement to be terminated to allow the state agreement to operate, which is precisely what this application is about.

PN8

So in that context I would indicate that subject only to the approval of the state agreement pursuant to section 79 of the Act, it would be my intention to grant this application and to terminate the agreement pursuant to the Workplace Relations Act 1996 immediately. Confirmation of that action will be issued in writing to the parties and no further proceedings will be necessary. Of course if some reason the state agreement is ultimately not approved then liberty will be granted in relation to this application and clearly this application won't be finally dealt with until its successor is completely and legally in place, for obviously reasons.

PN9

So Mr Thredgold, I will leave the application on that basis and look forward to determining both matters as soon as possible.

PN10

MR THREDGOLD: Thank you, Deputy President.

<ADJOURNED INDEFINITELY [9.31AM]