AG2005/8688, Transcript of Proceedings [2006] AIRCTrans 52 (5 January 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13805-1

VICE PRESIDENT LAWLER

AG2005/8688

APPLICATION BY ROADS CORPORATION, VICTORIA T/AS VIC ROADS & CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION-SPSF GROUP, VICTORIAN BRANCH AND OTHERS
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/8688)

MELBOURNE

2.50PM, MONDAY, 19 DECEMBER 2005

PN1

MR E HENDERSON: I appear on behalf of Vic Roads.

PN2

MR T O’LOUGHLIN: I appear on behalf of APESMA.

PN3

MR N HENDERSON: I appear for the ASU.

PN4

MR C PANOLFO: I appear on behalf of the Australian Manufacturing Workers Union.

PN5

MS S HODGERS: I appear on behalf of the Australian Workers Union.

PN6

THE VICE PRESIDENT: Thank you. I don’t have any difficulties with this agreement, I propose to certify it. This is an application for certification of an agreement made pursuant to section 170LJ of the Workplace Relations Act. I am satisfied the requirements of the Act have been met in relation to this agreement. Particularly I am satisfied the agreement meets the description in section 170LI. I am satisfied the no disadvantage test is passed. I certify the agreement to be known as Vic Roads EB5 to come into force today and to remain in force until
18 December 2008. Anything further that anyone needs to be put on the record?

PN7

MR E HENDERSON: If the Commission pleases I would just like to amplify one of the answers provided in my statutory declaration.

PN8

THE VICE PRESIDENT: Yes.

PN9

MR E HENDERSON: At question 7.7.2 does the dispute resolution clause empower the Commission to. We have answered yes in relation to both of those questions. I’d like to amplify those answers by indicating that it is Vic Road’s view that that empowers the Commission to use all of its powers under the Act including the powers of conciliation and arbitration in order to resolve disputes in relation to this agreement.

PN10

THE VICE PRESIDENT: Thank you Mr Henderson.

PN11

MR O’LOUGHLIN: Commissioner if I may, there has been perhaps some contention around that issue in negotiations between the parties so, just as to remove any ambiguity certainly our understanding that that is the - - -

PN12

THE VICE PRESIDENT: Well you’ve got it from the horse’s mouth so to speak.

PN13

MR O’LOUGHLIN: Yes I know, I’m actually asking for a copy of the transcript if that’s okay.

PN14

THE VICE PRESIDENT: Yes I’ll have the transcript issued. That’s fine.

PN15

MR N HENDERSON: We were wondering the same thing your Honour so we will be happy with a transcript if the Commission pleases.

PN16

THE VICE PRESIDENT: Okay well the parties are to be congratulated on reaching an agreement, this Commission’s adjourned.

<ADJOURNED INDEFINITELY [2.53PM]