AG2008/1322, Transcript of Proceedings [2008] AIRCTrans 649 (23 October 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17777-2

COMMISSIONER EAMES

AG2008/1322

cl.16A(1)(b) Sch.7 - Application for an order to vary pre-reform certified agreement

Shop, Distributive and Allied Employees Association
and
Australian Fast Food Pty Ltd
(AG2008/1322)
Red Rooster Agreement 2003
(ODN AG2004/1831)[AG832495 Print PR944052)

MELBOURNE

9.02AM, THURSDAY, 9 OCTOBER 2008

PN1

MR M GALBRAITH: If it pleases the Commission, I appear on behalf of the SDA.

PN2

THE COMMISSIONER: Thank you, Mr Galbraith. I should indicate for the record that I have correspondence on the file from Australian Fast Foods from a Ms Lorraine Boswell, the national human resources manager who are party to the proposal before the Commission this morning indicating that they’re supportive of the application that’s being made by the union. Yes, Mr Galbraith, just give me the background.

PN3

MR GALBRAITH: The background - Commissioner, the variations - this is an application to vary and extend the Red Rooster Agreement 2003. These variations have been explained to employees in store meetings conducted by the union and the company. These meetings occurred between 27 August and 12 September. All employees had access to a copy of the varied agreement as well as the summary document outlining the variations. The balloting ended on 21 September and the variations were approved by a valid majority of Red Rooster employees throughout Australia.

PN4

The application has included a copy of the varied agreement as well as a document identifying the individual variations. This application has the support of the company - and you referred to the letter sent by Ms Lorraine Boswell. If it pleases the Commission, we seek to have this agreement varied and the life extended.

PN5

THE COMMISSIONER: Good. Thank you.

PN6

I should indicate for the record that I have some knowledge of the development of the terms of the proposed new agreement, or the variation I should say of the Red Rooster Agreement. These negotiations have been afoot for quite some time and the Commission as constituted in this matter has been endeavouring to assist the parties in arriving at the agreement. I am pleased to congratulate the parties in fact in arriving at the point that they have today.

PN7

The criteria for such a variation is set out in Schedule 7 of the Act and specific terms of clause 2A(1)(b). The parties bound by the agreement, in my view, genuinely have agreed to the extension. None of the parties have engaged in any industrial action of any sort of apply for any protected action ballots and in the case of the variation I am satisfied that the agreement as varied would not result a on balance in a reduction in the overall terms and conditions of employment of the employees bound by the agreement.

PN8

On that basis, I am prepared to agree to the application that is made by the SDA and supported by Australian Fast Foods. The only other comment that I would make is that subsequent to all of the discussions and the agreement that was reached between the parties the President had issued a new form of orders that should issue by the Commission in relation to applications such as this one but I propose to in fact issue an order in due course under the old setting because that was the basis that it was put to the members of union when they voted. I will attach to the file an outline of all of the variations that have been made which led to the new varied agreement. That material will of course be sent to the parties in due course.

PN9

On that basis the Commission will adjourn.

<ADJOURNED ACCORDINGLY [9.06AM]