AG2005/3351, Transcript of Proceedings [2005] AIRCTrans 970 (22 April 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11214-1

COMMISSIONER SIMMONDS

AG2005/3351

THE AUSTRALIAN WORKERS' UNION - VICTORIA BRANCH
AND
VICTORIAN TRAFFIC MANAGEMENT
s.170LL- Greenfields agreement (Division 2)
(AG2005/3351)

MELBOURNE

10.19AM, TUESDAY, 12 APRIL 2005

PN1

MR C WINTER: I appear on behalf of the Australian Workers' Union.

PN2

THE COMMISSIONER: Thanks you, Mr Winter.

PN3

MR WINTER: Thank you, Commissioner. We also have a company representative here, who has just arrived.

PN4

THE COMMISSIONER: And you are appearing for?

PN5

MR E DUDMAN: Victorian Traffic Management.

PN6

THE COMMISSIONER: Is that a company?

PN7

MR DUDMAN: A company.

PN8

THE COMMISSIONER: Pty Limited, is it?

PN9

MR DUDMAN: Yes.

PN10

THE COMMISSIONER: Very good. Thank you. Yes, Mr Winter.

PN11

MR WINTER: Thank you, Commissioner. If I may at this stage deal with the 170XF application. Commissioner, this is also a traffic control company and in line with the previous matter that was before you, we believe that the appropriate award in deciding on the no disadvantage test is the Australian Workers' Union Construction and Maintenance. The reason being is that it contains classifications that cover traffic controllers. The company will be involved in traffic management in regard to construction and maintenance projects within Victoria and the Commission has previously found that that is the appropriate award for the no disadvantage test.

PN12

THE COMMISSIONER: Yes, thank you, Mr Winter. Mr Dudman, do you agree with that?

PN13

MR DUDMAN: I agree with that, sir.

PN14

THE COMMISSIONER: Thank you. The matter immediately before me is an application for the determination of a designated award for the purposes of a certified agreement. The certified agreement is an - the proposed agreement is an agreement known as the Victorian Traffic Management Agreement 2004-2005 which, despite the title, does not apply to traffic management in Victoria, but applies to the company known as Victorian Traffic Management Pty Limited.

PN15

Having heard from the parties to the proposed agreement, it is clear that the persons who are to be employed under the agreement are engaged in road traffic management and traffic control and on the basis of what has been put to me, I am satisfied that the Australian Workers' Union Construction and Maintenance Award 2002 is the most appropriate award for the purposes of the no disadvantage test. Accordingly, I have determined that the Australian Workers' Union Construction and Maintenance Award shall be the most appropriate award and a copy of my determination will be provided to the parties. Yes, Mr Winter.

PN16

MR WINTER: Thank you, Commissioner. This is an application made under section 170LL of the Act. It is a Greenfields agreement between the Australian Workers' Union and Victoria Traffic Management Pty Limited. If I may at this stage, Commissioner, hand you up a corrected page and stat dec in relation to this matter. There was an error in regard to the operative date and that is the statutory declaration under the same terms as the previous agreement that was certified by you, Commissioner. What we would seek, would be for the Commission to use its discretion in rectifying that problem. In relation to the agreement itself, it is under the same terms.

PN17

THE COMMISSIONER: Yes, Mr Dudman, you agree that the agreement only operates until December this year?

PN18

MR DUDMAN: Yes, I agree.

PN19

THE COMMISSIONER: Yes, okay. Yes.

PN20

MR WINTER: Thank you, Commissioner. If I can bring the Commission's attention to clause 29 of the agreement again, it is the right of entry provisions. It is under the terms role of the union. The AWU is prepared to give an undertaking in relation to this matter that that provision relates only to those matters that pertain in relation to the employer/employee relationship and that that is what the right of entry provision would cover.

PN21

THE COMMISSIONER: You are telling me you are prepared to give that undertaking. Do you give that undertaking?

PN22

MR WINTER: Yes, I do give that undertaking on behalf of the union.

PN23

THE COMMISSIONER: Yes, thank you, Mr Winter.

PN24

MR WINTER: And unless you have any further questions, Commissioner, I would seek certification of the agreement.

PN25

THE COMMISSIONER: Yes, thanks, Mr Winter. Mr Dudman, you have heard the undertaking that has been given. Do you agree with that undertaking?

PN26

MR DUDMAN: I agree, yes, sir.

PN27

THE COMMISSIONER: Very good. Is there anything further you wish to put in regard to the agreement?

PN28

MR DUDMAN: No.

PN29

THE COMMISSIONER: Thank you. This matter is an application for the certification of an agreement known as the Victorian Traffic Management Agreement 2004-2005. On the basis of the information - sorry, I need to go back a step. In regard to the statutory declarations that have been lodged today, to the extent necessary, I grant relief from the requirements of the rules in regard to the lodgment of those declarations. I return again to the issue of the certification. As I said, the matter is a certification of agreement known as the Victorian Traffic Management 2004-2005.

PN30

On the basis of the information that is provided in the statutory declarations that have been submitted by the parties and a consideration of the agreement itself, together with the undertaking that has been given by both the union and the employer in regard to the operation of the agreement, I am satisfied that it meets the tests prescribed for certification. Accordingly, I will certify the agreement with effect from today's date. It will remain in force until 11 December 2005 and because there is an undertaking involved, I will request that the transcript be provided in regard to this proceedings. The transcript will be provided to you in the normal course, as will the certified agreement. There is nothing further?

PN31

MR WINTER: No.

PN32

THE COMMISSIONER: These proceedings are adjourned. Thank you.

<ADJOURNED INDEFINITELY [10.32AM]