AG2005/3179, Transcript of Proceedings [2005] AIRCTrans 897 (13 April 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11164-1

SENIOR DEPUTY PRESIDENT DRAKE

AG2005/3179

APPLICATION BY COMMONWEALTH SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANISATION
s.170MBA - Order re extent to which successor employer is bound by cert. agt.
(AG2005/3179)

CANBERRA

9.30AM, FRIDAY, 11 MARCH 2005

PN1

THE SENIOR DEPUTY PRESIDENT: Thank you. I apologise for that delay, I had some technical problems here. Really, I have listed this matter for directions. Could the parties assist me?

PN2

MS ALLARS: Certainly, it is MS A ALLARS from the CSIRO. When I spoke with Christine, I understood this was for mention, so, mention and directions?

PN3

THE SENIOR DEPUTY PRESIDENT: Yes. Well, for mention and directions, yes.

PN4

MS ALLARS: Certainly. I have prepared a brief submission today, but if you would prefer just to set directions, I am more than happy to assist with that.

PN5

THE SENIOR DEPUTY PRESIDENT: Well, I wanted some clarification of what was being sought, and the time that it was thought it would take, and what the position of the other parties was.

PN6

MS ALLARS: Yes, certainly.

PN7

THE SENIOR DEPUTY PRESIDENT: So if I can hear from you about that?

PN8

MS ALLARS: Certainly. Essentially, your Honour, the matter before you pertains to an order that the Commonwealth Scientific and Industrial Research Organisation, the CSIRO, seeks under section 170MBA(2) of the Workplace Relations Act. If I could actually respectfully seek your leave at the moment to vary the application which was lodged with the Commission on 25 April 2005, in particular, just in relation to form 33B part 5.2, which is the grounds in support of the relevant basis.

PN9

THE SENIOR DEPUTY PRESIDENT: Certainly.

PN10

MS ALLARS: The first sentence there as it currently reads says, "on 7 November 2004, eight employees," in actual fact that should state, "on 7 October 2004, eight employees. Also, if I could seek your permission to add an additional sentence after that first sentence, that part 5.2 of that form, which would state:

PN11

On 4 November 2004, one additional employee of the National Measurement Institute within the Department of Industry, Tourism and Resources transferred to the Commonwealth Scientific and Industrial Research Organisation Division of Manufacturing and Infrastructure Technology.

PN12

I apologise to the Commission and to my colleagues who are participating in today's hearing for any confusion this may now cause, but as of today it is actually nine employees who have transferred.

PN13

THE SENIOR DEPUTY PRESIDENT: All right.

PN14

MS ALLARS: Thank you, your Honour. Just by way of background then, specifically the CSIRO is seeking the order under section 170MBA of the Workplace Relations Act so as the CSIRO is not bound by the National Measurement Institute Certified Agreement 2004-2007, and so that the CSIRO Enterprise Agreement 2002-2005 would have full and exclusive application to former NMI staff who have now transferred to the Commonwealth Scientific and Industrial Research Organisation. The jurisdictional basis on which the proposed order is sought is that the majority of employees who are covered by the certified agreement and who would be affected by the proposed order, agreed to the proposed order. On 7 October 2004, eight employees of the National Measurement Institute within the Department of Industry, Tourism and Resources transferred to the Commonwealth Scientific and Industrial Research Organisation division of manufacturing and infrastructure technology.

PN15

On 4 November 2004 one additional employee of the National Measurement Institute within the Department of Industry, Tourism and Resources transferred to the Commonwealth Scientific and Industrial Research Organisation Division of Manufacturing and Infrastructure Technology. Now, employees of the Department of Industry, Tourism and Resources who are assigned to work within the National Measurement Institute have their terms and conditions of employment set by an enterprise agreement which has been negotiated specifically for them. This agreement is known as the National Measurement Institute Enterprise Agreement 2004-2007. It has a nominal expiry date of
30 June 2007. Because of the transfer of employees from the National Measurement Institute within the Department of Industry, Tourism and Resources and because these employees come within the National Measurement Institute Certified Agreement, the National Measurement Institute Certified Agreement would, by virtue of section 170MBA of the Workplace Relations Act, transmit with them to the Commonwealth Scientific and Industrial Research Organisation. In essence, your Honour, that is the basis for which this application for an order under section 170MBA part 2 of the Workplace Relations Act is made.

PN16

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN17

MS ALLARS: I have got some additional information, which is really just an overview, and a timeline of the manner in which the CSIRO has engaged and communicated with staff who will be affected by this order, about the application which is before you today. So I am more than happy to go through that if you like at this point, otherwise if you would like to move to directions, or to ask the other parties, yes?

PN18

THE SENIOR DEPUTY PRESIDENT: Thank you. I don't need that material at the moment.

PN19

MS ALLARS: Okay. Certainly.

PN20

THE SENIOR DEPUTY PRESIDENT: Mr Bourne?

PN21

MR BOURNE: Yes, your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: And your attitude to this application?

PN23

MR BOURNE: We have no objection to the application at all.

PN24

THE SENIOR DEPUTY PRESIDENT: And Mr Oaks?

PN25

MR OAKS: We have no opposition to this application.

PN26

THE SENIOR DEPUTY PRESIDENT: All right. Ms Allars, would you please forward the material you have referred to, to my chambers?

PN27

MS ALLARS: Absolutely.

PN28

THE SENIOR DEPUTY PRESIDENT: In the absence of any opposition, and subject to my seeing the material which you are attending, I will make the orders sought.

PN29

MS ALLARS: Thank you, your Honour.

PN30

THE SENIOR DEPUTY PRESIDENT: Is there anything anybody else wishes to say, now that we have got through the harrowing experience of technology?

PN31

MS ALLARS: I don't at this stage.

PN32

THE SENIOR DEPUTY PRESIDENT: Good. All right, would you forward that material?

PN33

MS ALLARS: I certainly will. Thank you, your Honour.

PN34

THE SENIOR DEPUTY PRESIDENT: Thank you.

<ADJOURNED INDEFINITELY [9.36AM]