AG2006/3350, Transcript of Proceedings [2006] AIRCTrans 423 (23 March 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14442-1

DEPUTY PRESIDENT HAMILTON

AG2006/3350

APPLICATION BY THE COUNCIL OF TRUSTEES OF THE NATIONAL GALLERY OF VICTORIA T/AS THE NATIONAL GALLERY OF VICTORIA & CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION-SPSF GROUP, VICTORIAN BRANCH
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2006/3350)

MELBOURNE

10.27AM, WEDNESDAY, 08 MARCH 2006

PN1

MS G UNDERWOOD: I appear for the CPSU.

PN2

MS L VENUS: I appear for the National Gallery of Victoria.

PN3

THE DEPUTY PRESIDENT: Terrific. Who would like to start?

PN4

MS UNDERWOOD: This agreement was approved by a valid majority of employees on 27 February 2006. We believe certification would not result in an overall reduction of the terms and conditions of the employees at the Gallery. Clause 2.5.1 provides procedures for preventing and settling disputes. Clause 1.2 provides a nominal expiry date of three years from certification and the CPSU respectfully submits that this agreement does satisfy the no disadvantage test.

PN5

However there is one matter we would like to bring to your attention. This agreement - due to a clerical oversight Easter Saturday was omitted from this agreement whereas it is in the current enterprise agreement and has been in the previous ones.

PN6

THE DEPUTY PRESIDENT: As a public holiday?

PN7

MS UNDERWOOD: Yes, as a public holiday and we have had discussions with the National Gallery that they will continue to honour that day as a public holiday.

PN8

THE DEPUTY PRESIDENT: Yes.

PN9

MS UNDERWOOD: And that will continue to attract compensation as a public holiday for all of their employees where applicable and I believe the National Gallery does wish to say something about that.

PN10

THE DEPUTY PRESIDENT: Terrific. Thank you very much.

PN11

MS UNDERWOOD: Thank you.

PN12

MS VENUS: Your Honour, I just wanted to agree with what Gia has just mentioned with regard to the oversight in the agreement of Easter Saturday being omitted from the agreement. The Gallery has always recognised gazetted public holidays and the Gallery continues to do so and also to compensate employees with the entitlements associated with that public holiday.

PN13

THE DEPUTY PRESIDENT: Well thank you very much.

PN14

MS VENUS: Thank you.

PN15

THE DEPUTY PRESIDENT: Terrific. On the basis of the submissions put and the documents filed I will certify the agreement as sought and a copy of the certificate will be provided to the parties now. It has been prepared in anticipation. Thank you very much.

<ADJOURNED INDEFINITELY [10.29AM]