AG2006/2915, Transcript of Proceedings [2006] AIRCTrans 578 (6 April 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14617-1

SENIOR DEPUTY PRESIDENT DRAKE

AG2006/2915

APPLICATION BY AMNESTY INTERNATIONAL AUSTRALIA & AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2006/2915)

SYDNEY

11.45AM, THURSDAY, 23 MARCH 2006

PN1

MS A UGWRLUYAN: I am from Amnesty International Australia.

PN2

MS J JUSTO: I appear on behalf of the Australian Municipal, Administrative Clerical and Services Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes?

PN4

MS UGWRLUYAN: Thank you your Honour. We are here for a request to have our agreement certified by the Commission under section 170LJ. It's an agreement that we wish to have certified by consent.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. There have been some changes to the previous agreement but I don't think they are significant matters for my consideration and in any event I think they are significant between the parties but not in terms of certification. Ms Justo?

PN6

MS JUSTO: Thank you, your Honour. The application for certification is made under Division 2 of the Workplace Relations Act 1996. Amnesty International Australia is a constitutional corporation and has made agreement with the ASU in accordance with section 170LJ. The ASU has members employed in the business and is entitled to represent their industrial interests. The agreement meets the requirements of section 170LT of the Act. The agreement also passes the no disadvantage test. A valid majority of employees have genuinely approved the agreement in accordance with section 170LT.

PN7

The agreement also contains a dispute settling procedure at clause 7. The agreement has a nominal expiry date which is no more than three years after the date on which it comes into operation and the agreement we believe does not offend against any part of the Act. The provisions of the agreement pertain to the relationship of the employer and employee or otherwise are incidental, ancillary or machinery clauses. The application for certification has been made within the 21 day period after its approval by employees and the application has been made in accordance with the rules of the Commission.

PN8

And in particular a statutory declaration has been supplied by the ASU and Amnesty International in the proper form and the ASU relies on the terms of this statutory declaration in support of this application. If I might take a moment of the Commission's time, I wish to pay tribute to the workers at Amnesty International Australia for their perseverance in negotiating this agreement through what was a very turbulent time for the organisation with the death by hanging of an Australian citizen in a foreign country, when the minds and hearts of the workers were focussed on attempting valiantly, but without success to save that life.

PN9

They also managed in an extremely respectful manner to continue to deliver on an agreement which will provide them some protection and comfort in their employment relationship for the next three years. The workers of Amnesty were led through this negotiation by two women and Sir Winston Churchill once said we make a living by what we get but we make a life by what we give and that would accurately sum up Ms Rose Kulak and Ms Kate Lappin. However Laurel Ulrich also said well behaved women rarely make history. Rose and Kate are definitely good women, they are well behaved at times and they are indeed making history today.

PN10

Rose and Kate have led the ASU members to this point. History says that this will be the last certified agreement for Amnesty International Australia under the auspices of an industrial system which strives to deliver fairness and equity to workers through a variety of mechanisms and this will no longer be. Negotiations at Amnesty have occasionally been surprisingly difficult in an organisation squarely focussed on human rights. The members at Amnesty had to assert some of those rights.

PN11

The end result of those actions including the appearance before yourself, your Honour, and dispute over the usage of those rights has resulted in the agreement before you today. These actions have I believe strengthened the level of commitment of the ASU members at Amnesty to ensure that in the future they will remain truly collective and they will understand fully what their obligations and rights are as employees. Your Honour, the agreement before you today represents an enormous amount of work for which I commend the efforts of Rose and Kate in their leadership of the ASU members.

PN12

Rose and Kate weren't alone. In the true tradition of collectivism there is a strong group of supporters who throughout this process provided expert advice, guidance and assisted in co-ordination and communicating with members spread across the country. To achieve the results they have is testimony to their strength. In summary, your Honour, the proposed agreement meets the legal requirements of the Act, is in accordance with the objects of the Act with regard to agreement making and it is appropriate to be certified by this Commission. We ask therefore that it be certified. If it pleases.

PN13

THE SENIOR DEPUTY PRESIDENT: I am happy to certify it and I will do so from today's date relying on the submissions of the parties and the statutory declarations. I understand the difficulties and I think there is credit to both sides of the negotiations in reaching the terms that are before me now. Ms Justo, would you like me to order a transcript of that matter?

PN14

MS JUSTO: It would be very nice. Thank you your Honour.

PN15

THE SENIOR DEPUTY PRESIDENT: I thought you would. Yes I will do that. The Commission is adjourned.

<ADJOURNED INDEFINITELY [11.50AM]