AG2008/70, Transcript of Proceedings [2008] AIRCTrans 647 (23 October 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17773-2

COMMISSIONER WHELAN

AG2008/70

cl.2A(1)(b) Sch. 7 - Application for an order to vary pre-reform certified agreement

National Union Workers
and
Burra Foods Pty Ltd
(AG008/70)
Burra Foods Pty Ltd & National Union of Workers Certified
Agreement 2005
(ODN AG2005/1331)[AG84230 Print PR962625]

MELBOURNE

12.51PM, THURSDAY, 9 OCTOBER 2008

PN1

MS K TRAN: Good afternoon, Commissioner. Firstly I'd like to apologise for the late start.

PN2

THE COMMISSIONER: That's all right. We're all here.

PN3

MS TRAN: That's great. I appear on behalf of the National Union of Workers'.

PN4

MS S TAKLA: I am the industrial relations manager for Baiada Farms Pty Ltd.

PN5

THE COMMISSIONER: Thanks Ms Takla. Right, I have the application in relation to this matter and the documentation that has been lodged in support of the application that includes a statement that has been - well actually has been signed by Mr Camilleri on behalf of the employer and by Mr Curnow to indicate that there has been no industrial action organised or engaged in or no application for a protected action ballot in relation to the proposed agreement. And also a statutory declaration by Mr Curnow that indicates that the extension and variations were negotiated between the employer and the officials of the NUW, that meetings were held with the NUW officials and employees and that on 11 September a vote was conducted where a valid majority of the employees approved these variations.

PN6

Ms Tran, is there anything in relation to the applications that you think needs to be drawn to my attention at this stage?

PN7

MS TRAN: Commissioner, the NUW relies on the documents submitted to outline that all statutory requirements have been met, as you've just mentioned. We confirm that no - the parties have agreed to the extension of variation and the majority of employees have voted in favour of this agreement. We're seeking to extend this agreement until 31 July 2011 which does not exceed three years from today's date. The agreement variation also provides for pay increases to all the employees in each year of the agreement and does not disadvantage anyone covered by it. With that, so subject to any questions you might have Commissioner, we seek the orders be made to the terms sought. If the Commission pleases.

PN8

THE COMMISSIONER: Thanks, Ms Tran. Ms Takla, is there anything that you want to add to what Ms Tran has put?

PN9

MS TAKLA: We agree.

PN10

THE COMMISSIONER: All right, thank you. I have also had the opportunity, Ms Tran, to read a copy of the draft order that has been submitted and having read that draft order and looked at the variations sought I am satisfied that the agreement as varied would pass the no disadvantage test and that there are no reasons why the order shouldn't be made. The order as set out in the draft submitted by the union will be issued by the Commission. It will have a date of effect of 9 October 2008. The effect of that order will be to extend the nominal expiry date of the agreement to 31 July 2011 and to implement the changes set out in the draft order. And that order will be signed and sent out to you. Thank you very much for your attendance.

<ADJOURNED INDEFINITELY [12.51PM]