AG2004/8299, Transcript of Proceedings [2005] AIRCTrans 79 (4 January 2005)

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TRANSCRIPT OF PROCEEDINGS

O/N 1508

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

AG2004/8299

APPLICATION FOR CERTIFICATION
OF AGREEMENT WITH ORGANISATIONS
OF EMPLOYEES (DIVISION 2)

Application under section 170LJ of the Act
by Norske Skog Paper Mills (Australasia)
Limited and Others for certification of the
Norske Skog Boyer Mill, Enterprise Bargaining
Agreement 2004

HOBART

9.00 AM, MONDAY, 20 DECEMBER, 2004

PN1

MR D. HANISCH: I appear on behalf of the membership of the Australian Manufacturing Workers Union.

PN2

MR R. FLANAGAN: I appear on behalf of the Australian Workers Union, Tasmanian Branch.

PN3

MS J. BERGMAN-HANNA: I appear on behalf of Norske Skog Boyer Mill, and with me is MR A. GRUBB.

PN4

THE DEPUTY PRESIDENT: Thank you. Who wants to speak to the agreement?

PN5

MR HANISCH: Yes, if I may, Deputy President. The position of the AMWU is that this agreement satisfies all the provisions contained within the Workplace Relations Act in respect to certifying the Agreement. There was a vote of the AMWU membership and other membership on the site, which was approximately a month ago now, where the members voted in a vast majority to accept the agreement, and we would request that the Commission certify it on that basis, if the Commission pleases.

PN6

THE DEPUTY PRESIDENT: Thank you. Mr Flanagan?

PN7

MR FLANAGAN: Deputy President, we support and endorse the comments of Mr Hanisch and likewise seek certification of the agreement, if it pleases the Commission.

PN8

THE DEPUTY PRESIDENT: Ms Bergman-Hanna, do you want to add anything before I ask questions?

PN9

MS J BERGMAN-HANNA: If it pleases the Commission, we also endorse the certification of the Agreement.

PN10

THE DEPUTY PRESIDENT: Clause 32, which is titled Flexible Packaging, which is another name for Salary Sacrifice, I presume - I take it that all of the goodies in there relate to some sort of salary packaging provision. Is that the general view?

PN11

MS J BERGMAN-HANNA: Yes, your honour.

PN12

MR D HANISCH: Yes, Deputy President.

PN13

MR R FLANAGAN: Yes, that is right, Deputy President.

PN14

THE DEPUTY PRESIDENT: It skates on the borderline of Electrolux which will be clarified after hearings today and tomorrow in Adelaide but I am going to allow it through; I am pretty comfortable that it should be all right. The other one is the Employment Assistance Program, which obviously does. There is only one other query, or clarification. The parties bound, I take it that it also covers employees not members of unions?

PN15

MS BERGMAN-HANNA: Yes, your honour.

PN16

MR HANISCH: Yes, Deputy President.

PN17

MR FLANAGAN: Apparently so, Deputy President.

PN18

THE DEPUTY PRESIDENT: It just doesn't mention that. All right. Look, I have been through this agreement. It is quite a comprehensive one and there has obviously been a lot of work put into it, and other that those clarifications I am prepared to put it through. Accordingly, this is an application pursuant to section 170LJ of the Workplace Relations Act for certification of the Norske Skog Boyer Mill Bargaining Agreement 2004. The parties to the agreement are Norske Skog Australia - Australasia at the Boyer Mill in Tasmania, the AMWU, the CFMEU, the AWU, the CPU referred to as the unions, and those employees covered by the Agreement who may or may not be members of any of those unions.

PN19

The parties have provided the necessary statutory declarations and I am satisfied that the Agreement meets the requirements of the Act. The company is a constitutional corporation and the agreement was filed within the prescribed time limits. Accordingly, it will be certified. An order will issue to take effect from today's date and it will remain in force until 1 July 2007. That agreement is hereby certified. Thank you.

ADJOURNED INDEFINITELY [9.12am]