AG2006/1111, Transcript of Proceedings [2006] AIRCTrans 640 (12 April 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14771-1

COMMISSIONER WHELAN

AG2006/1111

APPLICATION BY DOWNES GRADERWAYS PTY LTD
s.170LK - Agreement with employees (Division 2)
(AG2006/1111)

DARWIN

9.55AM, TUESDAY, 04 APRIL 2006

PN1

THE COMMISSIONER: I understand, Ms Devine, that you are appearing by yourself in relation to this one and that it was not possible to get an employee representative here. I don’t think they're located in Darwin are they?

PN2

MS C DEVINE: No Commissioner, they're in Katherine.

PN3

THE COMMISSIONER: They're not. That's all right. Okay, thank you. Again, in relation to this application I have a copy of the agreement and I also have statutory declarations made by Sonya Carra and Chrissie Downes in support of the application. The documentation indicates that the parties were - the employees were notified on 23 February, that the employer intended to make this agreement and that there was a vote taken on 9 March at Katherine. I have statutory declarations by Sonya Carra and Chrissie Downes in relation to the outcome of that ballot.

PN4

Ms Devine, you've had the opportunity to speak to those people and can assure me that the contents of those statutory declarations are correct?

PN5

MS DEVINE: That's correct, Commissioner.

PN6

THE COMMISSIONER: This agreement is based on an hourly rate, which incorporates a number of allowances and also includes overtime, based on a
45 hour week. Are you able to indicate to me the basis upon which that 45 hours was calculated?

PN7

MS DEVINE: Yes, Commissioner. We took review of the employers payroll records to determine that and also confirm that with the employees at the time the calculations were performed.

PN8

THE COMMISSIONER: Okay and from your discussions both with the employer and the employees, you can assure me that that 45 hours does represent the average.

PN9

MS DEVINE: Yes, Commissioner.

PN10

THE COMMISSIONER: Okay then. All right. Thanks Ms Devine. On the basis of the material that's been lodged in support of this application, I am satisfied that I should proceed to certify this agreement. The Downes Graderways Pty Ltd Certified Agreement 2006 will be certified from 4 April 2006, with a nominal expiry date three years from that date. Again, in relation to that I'll be issuing the relevant certificates and providing them to you shortly. I think that completes our business this morning Ms Devine.

PN11

MS DEVINE: Thank you Commissioner.

<ADJOURNED INDEFINITELY [9.58AM]