AG2006/2690, Transcript of Proceedings [2006] AIRCTrans 270 (1 March 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14280-1

COMMISSIONER TOLLEY

AG2006/2690

APPLICATION BY AUSTRALIAN AIR EXPRESS PTY LTD & AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2006/2690)

MELBOURNE

2.25PM, TUESDAY, 14 FEBRUARY 2006

PN1

MR R RONDINELLI: Of the Australian Industry Group and I appear on behalf of Australian Air Express Pty Ltd.

PN2

MR J NUCIFORA: I appear for the Australian Services Union and I have with me MR L CHERRY.

PN3

THE COMMISSIONER: Thanks Mr Nucifora. Mr Rondinelli?

PN4

MR RONDINELLI: Thank you sir. This is an application made under Division 2 of Part VIB of the Act for certification of an agreement made in accordance with section 170LJ. The terms of the agreement were reached between the company and the ASU on behalf of employees covered by the Clerks Road Transport Industry Award.

PN5

Sir, Mr Dominic Andreacchio of the company has prepared a statutory declaration which the company submits meets all the requirements of the Act, regulations and rules of the Commission. The company further submit that all the requirements of section 170LJ and 170LT have been met. Namely the agreement does not disadvantage employees covered by it.

PN6

A valid majority of employees employed at the time genuinely approved the agreement. This took place on 19 January 2006. The agreement contains a dispute settlement procedure. That is located at clause 12 and the period of operation of this agreement is set out in clause 3.2.2. Sir, the company requests that the Commission certify the agreement in the terms sought. If the Commission pleases.

PN7

THE COMMISSIONER: Yes thank you. Mr Nucifora?

PN8

MR NUCIFORA: Thank you, Commissioner. We endorse the submissions put by Mr Rondinelli on behalf of Australian Air Express. I am appearing in place of a Ms Linda White who negotiated the agreement on behalf of the ASU and we confirm as per the statutory declaration signed by Ms White, assistant National Secretary, that of course meets the requirements of section 170LJ and in particular that a valid majority of employees have endorsed that agreement and we confirm the Clerks Road Transport Industry Award 1992 is the appropriate award for the no disadvantage test as per the statutory declaration.

PN9

It certainly does meet the no disadvantage test, Commissioner and we seek that the agreement having been endorsed by our members and employees be certified and approved before you today. If the Commission pleases.

PN10

THE COMMISSIONER: Yes thank you. Well this matter has been filed pursuant to the rules of the Commission and its contents meet the requirements of the Workplace Relations Act. Furthermore it contains nothing which would place it at any odds with any decisions of the Federal Court of Australia about matters which can be in agreements.

PN11

Accordingly pursuant to section 170LT of the Workplace Relations Act 1996 the Commission certifies the said agreement. This agreement shall come into force from today's date, 14 February 2006 and shall remain in force until 14 February 2009. The matter is adjourned. The Commission is adjourned. Good afternoon.

<ADJOURNED INDEFINITELY [2.28PM]