AG2006/4660, Transcript of Proceedings [2007] AIRCTrans 18 (4 January 2007)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 16374-1

SENIOR DEPUTY PRESIDENT WATSON

AG2006/4660

APPLICATION BY TEXTILE, CLOTHING AND FOOTWEAR UNION OF AUSTRALIA
s.170MG -pre reform Act - Application to terminate agreement (valid majority)
(AG2006/4660)

MELBOURNE

12.19PM, THURSDAY, 21 DECEMBER 2006

PN1

MS K FAWCETT: I appear for the Textile, Clothing and Footwear Union and with me I have MS M O'NEIL and MS V WILES.

PN2

MR F PARRY: I seek leave to appear for Feltex Australia Pty Ltd.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Parry. No objection to leave?

PN4

MS FAWCETT: No, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: Leave is granted. Yes, Ms Fawcett.

PN6

MS FAWCETT: Your Honour, can I just ensure that the Commission has all of the relevant documents before you?

PN7

THE SENIOR DEPUTY PRESIDENT: I have the application and the written statement of the employer and organisation bound and a statutory declaration of Ms O'Neil which goes amongst other things to the approval by a valid majority of employees of the termination.

PN8

MS FAWCETT: Yes, your Honour. Is it appropriate to tender those documents?

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, very well.

EXHIBIT #TCFUA1 WRITTEN STATEMENT OF THE EMPLOYER AND ORGANISATION BOUND
EXHIBIT #TCFUA2 STATUTORY DECLARATION OF MS O'NEIL

PN10

MS FAWCETT: If I might also just hand up the original statutory declaration for the Commission's file?

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN12

MS FAWCETT: Your Honour, the TCFUA has made this application pursuant to schedule 7 of the Workplace Relations Act which continues in operation in the provisions of section 170MG of the pre reform Workplace Relations Act. The circumstances that have led the parties to make this application are as follows, the Textile Clothing and Footwear Union of Australia and the purchasers of Feltex Australia have agreed on a form of offer consisting of a letter amended for those workers on extended leave only in respect of how they accept the employment, a union greenfields agreement, a deed in respect of representation of employees, a deed in respect of the employee entitlements based upon which the Commission has indicated it will order is acceptable alternative employment.

PN13

The purchasers have committed to make offers of employment to all employees who are presently covered by the agreement subject to this application and that employment is to commence on 17 January 2007. Conditional on those two aspects the parties have agreed to terminate the current agreement as the employment of the employees with Feltex Australia will cease as at midnight on 16 January 2007 the parties have agreed that the termination shall take effect at that time so as not to have any impact on the employees prior to that time. The application has been accompanied by a written statement which sets out the terms of the agreement to terminate and notes those aspects of the agreement. It's also accompanied by a statutory declaration of Ms O'Neil which sets out the circumstances which have led to the application and also in particular confirms that all of the relevant employees who are covered by the agreement which is the subject of this application were invited to mass meetings at which their approval for the whole arrangement between the parties and in particular the termination of the agreement was sought.

PN14

Approximately 270 of approximately 320 workers attended those meetings and those workers who did attend unanimously voted in favour of the arrangement and also in favour of the termination of the old agreement on the terms which I have indicated. So your Honour, we'd seek an order that the Commission approves the termination of the agreement in the terms provided for in the application and the witness statement.

PN15

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Fawcett. Mr Parry.

PN16

MR PARRY: If your Honour pleases. The employer agrees to the termination of the agreement and consents to the order in those terms. If your Honour pleases.

PN17

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Parry. This is an application by the TCFUA to terminate the Feltex Australia Enterprise Agreement 2004. The TCFUA as a party to the agreement has applied in writing for its termination. As required by the rules, a written statement of the employer and organisation bound was filed demonstrating the agreement of each party to the termination. A statutory declaration of Ms O'Neil, secretary of the union, was also filed. It provides amongst other things evidence of the approval of the termination by a valid majority of employees subject to the agreement.

PN18

Given the statutory requirements for the termination of the agreement have been met, I will approve the termination with effect from midnight 16 January 2007. The order will take effect at that time in compliance with the wishes of the parties and pursuant to the Act the termination takes effect from that time. I will issue again brief reasons and an order giving effect to the termination of the agreement later today. Ms Fawcett, whilst I have here can I raise with you the union's 170LW application in 2006/3959? Am I right in thinking that the union is withdrawing that application?

PN19

MS FAWCETT: Your Honour, conditional on the two orders which you have indicated you will make, the parties have effectively agreed to discontinue all other proceedings between them including that proceeding.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Well, I wonder then when all the conditions have been met if you could provide in writing advice of the withdrawal of that matter?

PN21

MS FAWCETT: Yes, your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: Is there anything else that needs to be dealt with? Very well. Well, I thank you all and I'll now adjourn.

<ADJOURNED INDEFINITELY [12.26PM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TCFUA1 WRITTEN STATEMENT OF THE EMPLOYER AND ORGANISATION BOUND PN9
EXHIBIT #TCFUA2 STATUTORY DECLARATION OF MS O'NEIL PN9