AG2005/3463, Transcript of Proceedings [2005] AIRCTrans 997 (26 April 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11250-1

COMMISSIONER WHELAN

AG2005/3463

APPLICATION BY REGIONAL PUBLISHERS (WESTERN VICTORIA) PTY LTD
s.170LK - Agreement with employees (Division 2)
(AG2005/3463)

MELBOURNE

10.06AM, THURSDAY, 14 APRIL 2005

PN1

MR T LONGHURST: I appear for Regional Publishers (Western Victoria) in this matter and with me is MS M ELTRINGHAM, the employee signatory to the disagreement.

PN2

THE COMMISSIONER: Thanks, Mr Longhurst. Mr Longhurst, I have received originally in relation to this a copy of the document, the agreement and statutory declarations by Mr Morgan and Ms Eltringham and I subsequently received from you a copy of the notice which was provided to the relevant staff in relation to this. That is the notice of 3 February in relation to the intention to make the agreement. I understand that the agreement was to be made on 15 March 2005. Is that correct?

PN3

MR LONGHURST: Yes, Commissioner.

PN4

THE COMMISSIONER: Okay. I had a few questions in relation to the agreement, Mr Longhurst. I have noted in relation to this agreement that it appears to be a successor to a previous agreement which was certified by Commissioner Deegan, is that correct?

PN5

MR LONGHURST: That is correct, Commissioner. This is proposed to replace the 2002 agreement certified by Commissioner Deegan.

PN6

THE COMMISSIONER: Yes. I also notice that in certifying that agreement, Commissioner Deegan required a large number of clarifications and also undertakings to be given by the company. And it appears to me that in the agreement that is before me that those matters remain exactly the same as they were in the original, in the previous agreement.

PN7

MR LONGHURST: We don't resile from those undertakings or the clarifications, Commissioner. All we seek to do is vary the agreement to increase the rates and we would reiterate those clarifications and undertakings here today.

PN8

THE COMMISSIONER: I just wondered why you didn't fix them up when you had the opportunity to.

PN9

MR LONGHURST: There was a fair bit going on at that time, Commissioner, and I am a department of one, and it's an oversight on my part that it wasn't fixed up and properly presented. But I take your point. Stock mitigations, I am looking after 164 sites at the moment, occasionally things do fall through the net.

PN10

THE COMMISSIONER: Yes. You are pretty busy.

PN11

MR LONGHURST: I am pretty busy. Most at people live at home, house down the coast, I seem to live at the airport, Commissioner.

PN12

THE COMMISSIONER: Yes. All right.

PN13

MR LONGHURST: But we wouldn't resile, and we don't intend to, from those clarifications and undertakings. All we are seeking is the certification of the agreement so we can improve the rates payable, nothing else changes, Commissioner.

PN14

THE COMMISSIONER: Okay. And the employer is prepared to give those same undertakings?

PN15

MR LONGHURST: I will give you those undertakings on behalf of the employer, Commissioner. Yes.

PN16

THE COMMISSIONER: All right then. Okay, Mr Longhurst. Well, perhaps before we do the next one, we might see if you can include the clarifications in the body of the document?

PN17

MR LONGHURST: Yes. If I am around next time, Commissioner, yes, the Commission will receive a document largely different to the one before you today.

PN18

THE COMMISSIONER: All right. Thank you. Ms Eltringham, you received, obviously, the letter saying about the intention to make the agreement and you understood from that letter the process that was going to be involved?

PN19

MS ELTRINGHAM: Yes, I did, Commissioner.

PN20

THE COMMISSIONER: Okay. And you were aware of the clarifications that were made in relation to the meaning of certain aspects of the agreement last time?

PN21

MS ELTRINGHAM: Yes, I am aware.

PN22

THE COMMISSIONER: Okay. And do you believe that the other employees were also aware of those matters?

PN23

MS ELTRINGHAM: Yes, I do, Commissioner.

PN24

THE COMMISSIONER: All right. And substantially, as I understand it, the only change, really, is the increase in the wage rise and the dates. Yes. All right then. Well, on the basis of the clarifications being the same as those that were given on the 21st in relation to the certification of the previous agreement on 21 May 2002, and also on the basis of the undertakings given by the employer in relation to the operation of the agreement, I am satisfied that I should proceed to certify this agreement. The agreement will be certified from today's date, and in accordance with its own terms it will remain in force until 1 March 2008, and a certificate to that effect will be issued and provided to the company and also to you, Mr Longhurst. And perhaps next time we will see something different.

PN25

MR LONGHURST: I can assure you on next time, Commissioner.

PN26

THE COMMISSIONER: Thank you, Mr Longhurst.

PN27

MR LONGHURST: Thank you, Commissioner.

PN28

THE COMMISSIONER: Thanks Ms Eltringham.

PN29

MS ELTRINGHAM: Thank you.

<ADJOURNED INDEFINITELY [10.12AM]