AG2008/1200, Transcript of Proceedings [2008] AIRCTrans 530 (12 September 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19063-1

COMMISSIONER GRAINGER

AG2008/1200

cl.2A(1)(b) Sch. 7 - Appl’n for an order to vary pre-reform cert. agt.
Application by Moonee Valley City Council & Australian Municipal, Administrative, Clerical and Services Union - Victorian Authorities and Services Branch and Others
(AG2008/1200)

MELBOURNE

2:08PM, FRIDAY, 29 AUGUST 2008

PN1

MR F WARNER: If the Commission pleases, I appear on behalf of the Moonee Valley City Council. Appearing with me is the human resources assistant manager, MS A TOPIC. If the Commission pleases.

PN2

MS J BAULCH: If the Commission pleases, I appear on behalf of APESMA.

PN3

THE COMMISSIONER: Thank you. Mr Miller.

PN4

MR B MILLER: If the Commission pleases, I appear on behalf of the Australian Services Union.

PN5

THE COMMISSIONER: Yes, thanks. Mr Warner, are you taking me through this?

PN6

MR WARNER: Thank you, Mr Commissioner. Mr Commissioner, the matter before you is for the certification of the variation and extension to council's Moonee Valley City Council "Future Directions" Enterprise Agreement. It's nominal expiry date was in June of this year. We seek an extension of that document to June 2010 with some variations made to it. The majority of the variations are essentially title changes or work changes with some improvements to conditions which the council believes will continue to support the council's endeavour to become a preferred employer in local government.

PN7

We have supported the application with a copy of the variation which was provided to the Commission as part of the application, a statutory declaration signed by the council's chief executive, Mr Rasiah Dev, which clearly identifies the expiry date of the agreement and identifies that on balance there is no reduction to the conditions and salaries of any of those a party to this agreement. The written statement provided by all of the parties which identify similar that there's no reduction in the conditions or salaries and that during the course of negotiations there was no threat or no industrial action undertaken and that was signed by all of the parties, being the unions and the council. I've also provided a clean copy of the proposed new enterprise agreement which has all the variations inserted. If the Commission pleases.

PN8

THE COMMISSIONER: Yes, thanks. Ms Baulch.

PN9

MS BAULCH: Yes, thank you, sir. The association supports the certification of this agreement and the association's members have voted and endorsed the agreement and we concur with the council that there were no reductions in any terms and conditions.

PN10

THE COMMISSIONER: Yes, thank you.

PN11

MS BAULCH: Thank you, sir.

PN12

THE COMMISSIONER: Mr Miller.

PN13

MR MILLER: Thank you, Commissioner. The ASU concurs with the City of Moonee Valley's submission and we also support the recertification of the agreement.

PN14

THE COMMISSIONER: Yes, thank you very much. I am satisfied that the provisions of the relevant legislation have been met. I am satisfied that this agreement to extend the life and to make some changes to the terms of the Moonee Valley City Council "Future Directions" Enterprise Agreement 2005-2008, in fact on balance seem to represent an improvement in the conditions of the employees, I note particularly clause 8 with regard to quantum. I note that the life of the agreement is to be extended to a nominal expiry date of 30 June 2010. There are a number of other provisions that seem to be advantageous.

PN15

I notice the multi-language allowance and the improved study leave provisions in clause 15.2. I am satisfied on the basis of the submissions of the parties and the statutory declaration of Mr Rasiah Dev, the chief executive of Moonee Valley City Council of 22 July 2008, which is properly witnessed, and the statement in accordance with subsection 2(a)(ii) of schedule 7 which is signed by Mr Dev for the council, by Mr Brian Parkinson for ASU, by Ms Calvert for APESMA, by Ms Fitzpatrick for ANF and by Mr Quinn for the AEU, that all the relevant provisions of the legislation have been met with and I should certify the variation to the agreement and the extension of its term to 30 June 2010. I'll issue the appropriate documentation shortly.

PN16

I thank the parties for their submissions and I now adjourn.

<ADJOURNED INDEFINITELY [2.28PM]