AG2007/629, Transcript of Proceedings [2008] AIRCTrans 17 (10 January 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17963-1

DEPUTY PRESIDENT LEARY

AG2007/629

s.170MG -prereform Act - Application to terminate agreement (valid majority)
Australian Maritime College
and
National Tertiary Education Industry Union CPSU, the Community and Public Sector Union-SPSF Group, Tasmanian Branch
(AG2007/629)

HOBART

3.58PM, MONDAY, 17 DECEMBER 2007

THE FOLLOWING PROCEEDINGS WERE RECORDED VIA VIDEO CONFERENCE IN MELBOURNE

PN1

MR S ANDREWS: I appear on behalf of the Australian Maritime College with me is MR ......

PN2

MR R BINNIE: I appear on behalf of the National Tertiary Education Union.

PN3

THE DEPUTY PRESIDENT: Thank you. ..... Mr Andrews.

PN4

MR ANDREWS: Thank you, your Honour. Your Honour, this is an application under section 170MG as ..... by schedule 7 of the Act to terminate a pre-reform division 2 agreement, certified agreement. The application made by the Australian Maritime College is ..... of the agreement from the CPSU and in terms of the context of the application, your Honour, the staff covered by the agreement will become employees of the University of Tasmania from 1 January 2008 by a passage of legislation being the Maritime Legislation Amendment Act which repeals the legislation characterised by the existence of the Australian Maritime ..... and ..... integration of the college within the university .....

PN5

In terms of the operation of the Act in relation to that transmission of business, the provisions of the agreement before the Commission today would transmit ..... schedule 9 of the Act if the agreement was not terminated beforehand. In that context, the University of Tasmania and the NTEU and the CPSU have successfully completed negotiations resulting in agreement that the university's industrial instruments should apply to the staff concerned.

PN6

THE DEPUTY PRESIDENT: Without any change?

PN7

MR ANDREWS: Without change from 1 January 2008 and that in addition to that industrial coverage, there are certain matters that relate to the conditions of employment of the staff concerned which will be preserved under the terms of the deed that the parties entered into and signed which is referred to in the statutory declarations that are before the Commission.

PN8

THE DEPUTY PRESIDENT: When does the university agreement expire? It is next year?

PN9

MR ANDREWS: The university agreement expires, relevant agreement expires on 30 June 2008. The agreement before the Commission has a nominal expiry date of - - -

PN10

THE DEPUTY PRESIDENT: 20 December 2008.

PN11

MR ANDREWS: - - - 20 December 2008, hence the need for the parties to get agreement before its termination. In terms of the requirements of section 170MG of the Act, the matter in terms of the proposed termination of the agreement has been put to a vote of those staff who are covered by it. That was conducted electronically and there was an overwhelming vote in favour of the agreement, hence covering the majority vote requirements of section 170MG.

PN12

THE DEPUTY PRESIDENT: So are there only 47 people responded to it or are they the only ones that voted?

PN13

MR ANDREWS: Forty-seven staff voted. There are a number of other staff who did not vote, but in terms of the requirements of the Act - - -

PN14

THE DEPUTY PRESIDENT: The majority?

PN15

MR ANDREWS: Thank you. The vote was conducted on the basis that the termination would occur on 31 December this year and in terms of the provision of schedule 9 of the Act, it's my submission to note that if the agreement is in place immediately before the time of the transmission of business that the agreement would transmit by way of application to the employees in our case from 1 January 2008 which is the situation that the parties are seeking to avoid. Therefore, I would respectfully request that the Commission in giving approval to the termination of the agreement could give agreement for it to occur on 31 December and that would avoid us needing to inform staff that the agreement has transmitted and to note it in the same instant and in terms of the agreement between the parties, give undertaking on behalf of the university that we would regard the deed as binding upon the university notwithstanding the agreement didn't go through until 31 December.

PN16

THE DEPUTY PRESIDENT: I take it there is no disadvantage to that, employees transferring to the new employer?

PN17

MR ANDREWS: No, your Honour, the fact that the deed, the negotiation for the deed has been premised on that understanding and that is also reflected in the Maritime Legislation Amendment Act which I've referred to that requires there be no disadvantage to staff in transmitting from one employer to the next. Those are my submissions.

PN18

THE DEPUTY PRESIDENT: In reality, the employees of the Maritime College will now be covered by the university agreement with some matters preserved, some particular conditions that apply to the college as preserved matters.

PN19

MR ANDREWS: That is correct, your Honour. Thank you.

PN20

THE DEPUTY PRESIDENT: All right, that's straightforward. Thank you. Mr Binnie.

PN21

MR BINNIE: I think it's pretty straightforward. We have no objections. We're happy to support the university in terminating the agreement at 10 pm on 31 December to avoid any unnecessary information distribution, a smooth transition. The union is satisfied by the deed that on 1 January the workers at the Maritime College will be protected and the conditions that adhere to them will be preserved and we're satisfied that the vote was conducted properly so the union is extremely happy.

PN22

THE DEPUTY PRESIDENT: Thank you. That would also indicate the views of Mr Blake who found and indicated his support of the application, but couldn't be with us. You don't have anything else you want to add, do you?

PN23

MR ANDREWS: No. Thank you, your Honour.

PN24

THE DEPUTY PRESIDENT: Accordingly, the Australian Maritime College of Academic Employees Certified Agreement 2005 to 2008 will be terminated by consent at 10 pm on 31 December this year, 2007, and the employees now covered by that agreement will be covered by - - -

PN25

MR ANDREWS: Your Honour, it's the University of Tasmania General Staff Agreement 2006-2008.

PN26

THE DEPUTY PRESIDENT: That agreement, effective from 1 January 2008. The two unions respondent to the Maritime College Agreement support the termination. The application has been to the ballot and I think it was 47 for and one against the termination, so I think that would indicate a majority have approved it. An order will issue and take effect at 10 pm on 31 December 2007 and as of 1 January that agreement shall no longer apply. That matter is adjourned. Thank you.

<ADJOURNED INDEFINITELY [4.07PM]