AG2006/3054, Transcript of Proceedings [2006] AIRCTrans 439 (27 March 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14482-1

SENIOR DEPUTY PRESIDENT ACTON

AG2006/3054

APPLICATION BY COLES MYER LOGISTICS PTY LTD & COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA-ELECTRICAL DIVISION SOUTHERN STATES DIVISIONAL BRANCH
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2006/3054)

MELBOURNE

1.22PM, FRIDAY, 10 MARCH 2006

PN1

MS R FRASER: I appear for Coles Myer Ltd.

PN2

MR R LIA: I appear on behalf of the ETU again.

PN3

THE SENIOR DEPUTY PRESIDENT: Ms Fraser?

PN4

MS FRASER: Thank you your Honour. We ask the Commission to certify the agreement, made an application section 170LJ Division 2. The particulars of the agreement are contained in the statutory declaration submitted, and we believe that the agreement passes the no disadvantage test and that we have met all the requirements of the Act in asking the Commission to certify this agreement. If the Commission pleases.

PN5

THE SENIOR DEPUTY PRESIDENT: Ms Fraser, clause 7.2.

PN6

MS FRASER: Yes your Honour. Yes. I just realised - - -

PN7

THE SENIOR DEPUTY PRESIDENT: What are we to do when you refer a matter to the - - -

PN8

MS FRASER: Industrial Relations Commission. We would ask that the Commission exercise its powers under section 170LW.

PN9

THE SENIOR DEPUTY PRESIDENT: And so the power in this - well the authority within this agreement extends to the Commission privately arbitrating the matter if necessary?

PN10

MS FRASER: Yes your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Lia?

PN12

MR LIA: Your Honour, the ETU would fully support the submission and application for certification. If the Commission pleases. Thank you.

PN13

THE SENIOR DEPUTY PRESIDENT: Well having regard to the material contained on the file in this matter and also the submissions put to me, I am satisfied I should certify the agreement known as the Coles Myer Logistics Hampton Park Distribution Centre Maintenance Operation Certified Agreement 2005. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 30 July 2007.

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