AG2006/3151, Transcript of Proceedings [2006] AIRCTrans 813 (9 June 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 15141-1

COMMISSIONER DANGERFIELD

AG2006/3151

APPLICATION BY J HALLET & SONS PTY LTD TRADING AS AUSTRAL BRICKS GOLDEN GROVE & COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA AND OTHERS
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2006/3151)

ADELAIDE

11.34AM, MONDAY, 29 MAY 2006

PN1

MR W KLUKTEWICZ: And with me is MR N PEZET for the company.

PN2

MR T LANGHAM: I am from the Australian Workers Union.

PN3

MR M EMMERSON: I represent both the Australian Manufacturing Workers Union and the CEPU today.

PN4

THE COMMISSIONER: Thanks gentlemen. Do you want to speak to this, Mr Kluktewicz?

PN5

MR KLUKTEWICZ: Commissioner, we've lodged this through the Commission and we are seeking to have it approved. We have had, the appropriate statutory declarations have been forwarded to you after the issue on March 15th and I have concurred with the representatives from the union and we believe that we have an agreement that should be processed and passed and ratified by the Commission.

PN6

THE COMMISSIONER: Yes thanks for that. Mr Langham?

PN7

MR LANGHAM: Yes I'd just like to make a correction on the AWUs statutory declaration. It should be read 20 March 2006 rather than - - -

PN8

THE COMMISSIONER: Yes I assumed that there was another vote wasn't there?

PN9

MR LANGHAM: There was, yes.

PN10

THE COMMISSIONER: On 20 March having the abortive first attempt and I thought that would be the case, Mr Langham. Can we arrange, you can arrange with my associate after perhaps to make the necessary replacement page to that declaration - - -

PN11

MR LANGHAM: Yes.

PN12

THE COMMISSIONER: Because I understood that your statutory declaration really referred to what initially happened in January and then there was that further vote in March.

PN13

MR LANGHAM: Yes there was a second vote, that's right.

PN14

THE COMMISSIONER: Yes. Well thanks for that.

PN15

MR LANGHAM: Okay. Thank you.

PN16

THE COMMISSIONER: We'll arrange to tidy that up. Mr Emmerson?

PN17

MR EMMERSON: Thank you Commissioner. At this stage the AMWU has no objection to the certification of the enterprise bargaining agreement Commissioner and at this stage I believe our stat decs are in order unless you wish to - - -

PN18

THE COMMISSIONER: It is. No that's fine. Thanks gentlemen. I can indicate this matter has been carefully examined by me and initially of course it was filed well before 27 March which is the magic day for the Work Choices legislation and as I indicated at that time there were some problems with the agreement. I understand the parties tidied up the agreement in a manner that now is satisfactory to the Commission.

PN19

It was submitted back to a vote of the relevant employees on 20 March which was again well within the necessary time as far as these matters is concerned and we can now dispose of it today so can I indicate formally for the record that what the Commission has before it now is an application under Division 2 of Part VIB of the pre-reform Workplace Relations Act for certification of an agreement pursuant to section 170LJ. The application was formerly filed on 24 March 2006.

PN20

Of course on 27 March as I have alluded to, before the Commission could give formal consideration to this application the Workplace Relations Amendment Work Choices Act 2005 came into operation. Under the transitional provisions of Schedule 7 Part 8 Clause 31 of the Act as it now stands, the so called pre-reform Act applicable to 27 March 2006 continues to apply to applications for certification of an agreement made under section 170LM of the pre-reform Act.

PN21

This is such an application. I therefore proceed to determine it pursuant to the relevant provisions of the pre-reform Act. Firstly I can say that I am satisfied that the content of the agreement now in every respect pertains to the relations of the employer and the relevant employees in their respective capacities as such and hence complies with what was section 170LI of the Act, or is section 170LI of the pre-reform Act.

PN22

Next I can say that the application is supported by statutory declarations from Wally Kluktewicz, Group Human Resources Manager J Hallet & Sons Pty Ltd, the employer in this matter, Terry Langham Branch Organiser from the Australian Workers Union, Bob Geraghty Branch Secretary CEPU and John Camillo Secretary of the AMWU. Those declarations are in order with the one exception of Mr Langham's declaration which he has indicated today he will tidy up subsequent to these proceedings.

PN23

Next I note that the agreement is underpinned by the Metal, Engineering and Associated Industries Award 1998 Part 1 and also the Clay Brick and Roofing Tile Award which is an award of the South Australian Industrial Relations Commission. I am satisfied that the agreement passes the no disadvantage test when its provisions are compared with the provisions of those awards. I note that the agreement at clause 11 provides procedures for preventing and settling disputes between the parties as required by the Act.

PN24

Further I can say that on the material before me I am satisfied that a valid majority of persons employed at the time genuinely approved the agreement and that the explanation of the terms of the agreement took place in ways that were appropriate having regard to their particular circumstances and needs. Accordingly the Commission certifies the Austral Bricks Golden Grove Enterprise Agreement 2005.

PN25

That will be operative from today's date, formally operative from today's date, 29 May 2006 although I note that for all practical purposes the agreement effectively operates and has been operating from 1 January 2006 and in accordance with clause 5 the agreement will remain in force until 1 January 2007. Gentlemen, I think that probably covers everything I need to say unless there's anything further from anyone? No? I indicate then that the necessary documentation confirming certification will be forwarded to the parties over the next week or so and I congratulate the parties on their agreement and that concludes the hearing of the matter.

<ADJOURNED INDEFINITELY [11.40AM]