AG2006/2345, Transcript of Proceedings [2006] AIRCTrans 490 (30 March 2006)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 14555-1

DEPUTY PRESIDENT HAMPTON

AG2006/2345

APPLICATION BY CAMPBELLS CASH AND CARRY PTY LIMITED & AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION-SOUTH AUSTRALIAN AND NORTHERN TERRITORY BRANCH
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2006/2345)

ADELAIDE

11.10AM, THURSDAY, 16 MARCH 2006

PN1

MS J RATNARAJAH: I am appearing on behalf of Campbells Cash and Carry and authorised by MR G JOHNSON to appear on his behalf. I work for a subsidiary company, IGA Distribution.

PN2

MR D PAYNE: I appear on behalf of the Australian Services Union. If the Commission please.

PN3

THE DEPUTY PRESIDENT: Very well. Thank you Mr Payne. Who would like to lead off? Ms Ratnarajah?

PN4

MS RATNARAJAH: I have basically been instructed to come along to certify an agreement and believe, just had discussions with Mr Payne that I am happy to have if the agreement goes through to approved increase to go through as of 14 February which is basically when the employees agreed to rollover the current agreement.

PN5

MR PAYNE: Clause 4.1 Commissioner.

PN6

THE DEPUTY PRESIDENT: So what you are confirming for the record is that the date the agreement is reached which is the term you choose in 1.4.1 will be taken to be 14 February 2006?

PN7

MS RATNARAJAH: Yes.

PN8

THE DEPUTY PRESIDENT: Right.

PN9

MS RATNARAJAH: No actually, no that's not the case is it? The date which the agreement is certified is basically whenever the date is agreed it is just more the increase that is going to go through for, this 3 per cent increase will go through as of 14 February which is when the ballot was taken for the actual rollover.

PN10

THE DEPUTY PRESIDENT: Right.

PN11

MS RATNARAJAH: If that makes sense.

PN12

THE DEPUTY PRESIDENT: It does because of course you appreciate in this jurisdiction an agreement can only take force from the date it is certified.

PN13

MS RATNARAJAH: Okay.

PN14

THE DEPUTY PRESIDENT: So I understand what you are doing is clarifying that for practical purposes the agreement will operate from 14 February 2006.

PN15

MS RATNARAJAH: Okay. No problems.

PN16

THE DEPUTY PRESIDENT: All right. Thank you. Mr Payne?

PN17

MR PAYNE: Commissioner, I will be brief. The ASU supports the application and certification of the agreement. As indicated the first wage payment has been clarified and placed on transcript. Also that clause 1.4, duration of agreement specifies the nominal expiry date as that being 15 September 2007 and it is within the requirements of the Act. We believe that the agreement meets the no disadvantage test of the Act. It does contain dispute settling procedures and we also believe that the agreement does not on balance reduce the overall terms and conditions of employees' employment covered by the agreement.

PN18

ASU members and other employees have been fully consulted with sir as to the content and the intent of the agreement and have endorsed the agreement. The employees were also informed of the intention to apply to the Commission for the certification of the agreement. Therefore Commissioner we would be seeking that the Commission certifies the agreement. If the Commission pleases.

PN19

THE DEPUTY PRESIDENT: Good. Thank you. Ms Ratnarajah, anything further?

PN20

MS RATNARAJAH: No thank you.

PN21

THE DEPUTY PRESIDENT: All right. I will deal with the application now. I indicate firstly that having regard to the submissions that have been made and in particular having regard to the terms of the statutory declarations that have been filed I am satisfied that firstly the agreement pertains to the requisite relations as required by the Act. In making that assessment I have had regard to all of the terms of the agreement in the context in which it is proposed to apply.

PN22

Secondly I am satisfied that a valid majority of employees have given consent within the meaning of the requirements of the Act and that has occurred following a process carried out in accordance with the legislation. In terms of the agreement itself I am also satisfied that it meets the no disadvantage test as set out in the Act and in that context I do note that whilst there are certain modifications in terms of the safety net award as a package, particularly having regard to the overall arrangements and benefits I am satisfied that it is not inferior.

PN23

It meets the form and content requirements. It specifies a nominal life and the other requirements of the Act. So in that light the Commission does hereby certify this agreement pursuant to the Workplace Relations Act 1996 and I so order. The agreement will apply on and from today's date and will have a nominal life extending to 15 September 2007. In that respect I do note that the commencement date for the first adjustment, wage adjustment set out in the agreement has been clarified as operating on and from 14 February 2006 and that now be given effect to consequent upon the Commission's certification.

PN24

I will settle, sign and then append the certification order to the instrument that I have just certified. I will supply that to the parties for your own use and records and lastly I would note that as this is probably a constitutional corporation this may well be the last agreement coming to the Commission. I note that it is an agreement in a series of collective agreements which have been constructively reached between the parties and I have every confidence the agreement that I have just certified will stand the company, the union and employees generally in good stead and I wish you all the best in that respect.

<ADJOURNED INDEFINITELY [11.16AM]