AG2006/3358, Transcript of Proceedings [2006] AIRCTrans 433 (27 March 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14485-1

SENIOR DEPUTY PRESIDENT HARRISON

AG2006/3358

APPLICATION BY NATIONAL STARCH & CHEMICAL PTY LTD & LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION AND ANOTHER
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2006/3358)

SYDNEY

10.05AM, MONDAY, 13 MARCH 2006

PN1

MS K GODFREY: With the Commission's leave, solicitor, for the National Starch & Chemical Pty Ltd.

PN2

MR S KOULOURIS: I appearing for the Liquor, Hospitality and Miscellaneous Workers' Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you. I have received a letter from the AMWU dated 10 March, indicating that they are unable to attend the hearing this morning but rely on the statutory declaration filed on behalf of that organisation. If either of you require a copy of that letter let my associate know. Who wants to go first? Ms Godfrey?

PN4

MS GODFREY: This is an application for certification of the National Starch & Chemical Pty Ltd Seven Hills Site Enterprise Agreement 2006 made under section 170LJ of the Workplace Relations Act. The parties to the agreement are National Starch & Chemical Pty Ltd, the Australian Liquor & Hospitality and Miscellaneous Workers' Union and the AMWU. National Starch has filed the enterprise agreement, the application for certification and the statutory declarations for the parties and we seek leave to rely on that documentation for the purposes of certification.

PN5

You will note, your Honour, that the enterprise agreement was not made within the 21 days after the date on which the agreement was approved. My instructions are that there was some delay in that the application documentation was inadvertently sent to the Australian Liquor & Hospitality and Miscellaneous Workers' Union National office rather than the State office and the paperwork was overlooked for a couple of days. I am instructed that the delay was not deliberate.

PN6

That National Starch has been making payments in accordance with the EBA since the first pay period after 1 March 2006 and that no employees have been disadvantaged as a result of the delay and in fact, there has been no - I am instructed there has been no change in the workforce since the date the vote was conducted on 23 January. In those circumstances we would ask that you exercise your discretion pursuant to section 111(1)(r) of the Workplace Relations Act and certify the agreement.

PN7

In terms of submissions on certification, I am instructed the agreement passes the no disadvantage test and it does not disadvantage the employees in relation to the terms and conditions of the employment. I am instructed that the company has compared the award and the enterprise agreement and that there is no relevant reduction of the overall terms and conditions. The agreement was approved by a genuine valid majority of employees on 23 January 2006.

PN8

The agreement has procedures for settlements of disputes which is outlined in clause 20 and the agreement has a nominal expiry date no more than three years after the date on which the agreement will come into effect as set out in clause 5 of the agreement. Your Honour, we say the agreement meets all the requirements for certification and request that certification of the agreement be made effective today. They are my submissions unless I can assist you further.

PN9

THE SENIOR DEPUTY PRESIDENT: No, thanks Ms Godfrey. Mr Koulouris?

PN10

MR KOULOURIS: Senior Deputy President, our applications are fairly straightforward herein. We very much rely on the submissions made by my friend. We concur that there was a problem in that the application - sorry the enterprise agreement was sent to the National office as opposed to the State branch who had carriage of this matter. This problem was subsequently corrected and the parties proceeded.

PN11

We also concur that there hasn't been any substantial change to the work force since the enterprise agreement was elected upon and the respondent company is paying the wage increases as set out in the agreement. We also note that section 20 or clause 20 of the enterprise agreement contains a grievance procedure and we commend the enterprise agreement for your consideration and subsequent certification.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. In relation to the application for an extension of time within which the application should have been filed, I rely on the submissions made by the parties and am persuaded it is appropriate to extend the time for filing of this application until the 28th day of February, 2006. I rely on the statutory declarations lodged in this matter and the submissions made this morning and have formed the view that each of the relevant requirements of the Act, regulations and rules have been met and it is appropriate that this agreement be certified.

PN13

It will be known as the National Starch & Chemical Pty Ltd Seven Hills Site Enterprise Agreement 2006. It will come into operation on today's date, 13 March 2006 and remain in operation until the 28th day of February, 2009. In certifying the agreement I should indicate that I have read its terms but note in particular in relation to clauses 9 union representation, 10 trade union training and 11 casual and contract labour that they are about matters that pertain to the relevant relationship. Anything further we need to do this morning? The Commission now adjourns.

<ADJOURNED INDEFINITELY [10.11AM]