AG2006/3233, Transcript of Proceedings [2006] AIRCTrans 476 (28 March 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14516-1

COMMISSIONER TOLLEY

AG2006/3233

APPLICATION BY THE AUSTRALIAN WORKERS’ UNION & RACING VICTORIA LIMITED
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2006/3233)

MELBOURNE

1.21PM, TUESDAY, 14 MARCH 2006

PN1

MR C WINTER: I appear on behalf of the Australian Workers Union and with me is MR P SMOLJKO.

PN2

MR P JENKINS: I appear on behalf of Racing Victoria Limited.

PN3

THE COMMISSIONER: Yes Mr Winter?

PN4

MR WINTER: Commissioner, would you like to deal with the XF application separately?

PN5

THE COMMISSIONER: Yes please.

PN6

MR WINTER: Commissioner, this application is - there is no award in place at the moment that would - that the club would be respondent to in regard to barrier attendants. We believe for the purposes of the no disadvantage test in relation to the proposed certification, that the appropriate award would be the Sports Ground Maintenance and Venue Presentation Award, as that covers all the race tracks throughout Victoria and also covers labouring tasks within those ..... We believe that would be the appropriate award. So, we would ask that you issue a certificate in that regard.

PN7

THE COMMISSIONER: Yes. Now the barrier attendants do other work don't they?

PN8

MR WINTER: Yes, they do.

PN9

THE COMMISSIONER: Yes, okay. That satisfies the concept of the award you just mentioned. Mr Jenkins?

PN10

MR JENKINS: Yes. I concur with my colleague in relation to ..... the Sports Ground Maintenance.

PN11

THE COMMISSIONER: Yes, well the Commission agrees with the submissions of the parties and that is the appropriate award for assessing a no disadvantage test in respect to the agreement before me.

PN12

MR WINTER: Thank you Commissioner. This is an application made under section 170LJ of the Act. An agreement between The Australian Workers Union and Racing Victoria Limited, known as the RVL, to cover the barrier attendants employed at metropolitan courses. The agreement covers approximately I think, 24 barrier attendants, a number of those attendants are full time but the vast majority are casual.

PN13

In relation to the award for the no disadvantage test, as we've just gone through was the Sports Ground Maintenance and Venue Presentation Award. The agreement before you does comply with Electrolux, I've had a look through the agreement and I can't see any matters that don't pertain to the employee/employer relationship.

PN14

THE COMMISSIONER: Yes, well that's the Commissions decision anyhow.

PN15

MR WINTER: Unless you have any questions Commissioner, I seek certification from today's date.

PN16

THE COMMISSIONER: Yes, thank you. Mr Jenkins?

PN17

MR JENKINS: Mr Commissioner, the due process and procedures have been applied in reaching the point that we're at today for certification of the agreement. A number of meetings and discussions occurred with the AWU representing the barrier attendants and a number of meetings have been held with those barrier attendants. When a final draft which is being submitted up for certification was reached, copies were issued to all barrier attendants. They've had a full 14 day period a little bit extra, but a minimum 14 day period to consider, ask any questions, go back to AWU or RVL on any matters. Mr Ploenges, who is an employee of RVL has also contacted all barrier attendants by phone, if they couldn't be present on race days for questioning on any matters and there has been no questioning come back.

PN18

The initial issue to the barrier attendants was 2 February and a meeting was held at Moonee Valley Race Course on 3 February, explaining in detail and stepping through in a joint representation with the AWU and RVL to the barrier attendants and explained, as I've just indicated, the process. Those that were present had until 18 February to come back and vote on and the others had till 21 February and there was meeting on the Saturday and the Friday for the vote and it was unanimous in favour of the certified agreement from the barriers. If it please the Commission.

PN19

THE COMMISSIONER: Yes, thanks Mr Jenkins. Mr Jenkins, how do you deal with clause 23 of the agreement.

PN20

MR JENKINS: Bare with me one moment. It's a difficult one to police
Mr Commissioner. We may get a condition of employment for staff in that area. If it's brought to our attention either by their supervisor of other people and we certainly don't condone that.

PN21

THE COMMISSIONER: So a ..... thing.

PN22

MR JENKINS: That's correct.

PN23

THE COMMISSIONER: Thank you. Well the Commission is satisfied that the agreement has been properly filled pursuant to the rules of the Commission and meets the requirements of the Act. There is a designated award to cover the no disadvantage test. The matter's been dealt with so it contains no matters which place it at odds with any matter or decision of the High Court of Australia about matters which can be in agreements. Accordingly, pursuant to section 170LT of the Workplace Relations Act 1996, the Commission certifies the said agreement. The agreement shall come into force on 14 March 2006 and remain in force until 30 November 2008.

PN24

Just formally, the Commission determines that the Sports Ground Maintenance and Venue Presentation Victoria Award 2001 is the award which covers the work in the most appropriate manner. The Commissions adjourned.

<ADJOURNED INDEFINITELY [1.28PM]