AG2008/65, Transcript of Proceedings [2008] AIRCTrans 659 (27 October 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17810-2

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2008/65

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

National Union of Workers
and
Coprice (a division of Rocegrowers Co-operative Limited)
(AG2008/65)

CopRice Enterprise Agreement 2005-2008

(ODN AG 2005/7220)
[AG844999 Print PR966095]

MELBOURNE

2.26PM, TUESDAY, 14 OCTOBER 2008

PN1

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Mann, the next matter is the Kopp Rice Enterprise Agreement.

PN2

MS K TRAN: Yes, that's correct, your Honour. This agreement, an application is to extend the Kopp Rice Enterprise Agreement - - -

PN3

THE SENIOR DEPUTY PRESIDENT: Yes. Can I just stop you for a moment. I've not indicated the agreement numbers each time. I assume, Mr Reporter, that there'll be a separate transcript for each one, if required? Yes, thank you. Yes, go ahead, Ms K Tran. This is AG2008/65.

PN4

MS TRAN: Yes, regarding the Kopp Rice Enterprise Agreement 2005 to 2008 which we are seeking to extend and vary under item 2077 of the Act. Your Honour, your chambers would have received the NUW's application which includes a number of documents. A part of that would have included two copies of the amended agreement, one with track changes, one without, and also a copy of the draft order should be in your possession.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes.

PN6

MS TRAN: Your Honour, the NUW relies on these documents submitted to outline that all statutory requirements have been met. I can confirm that all parties bound by this agreement have genuinely agreed to the extension and variation and that the valid majority of employees have voted in favour of the agreement. The extension sought is until 30 June 2011, which does not exceed three years from today's date. The variation provides for pay increases in each year of the agreement and does not disadvantage any employees covered by it. It can also confirm that no industrial action has been threatened or taken in relation to this agreement under section 451 of the Act.

PN7

Subject to any questions you might have, your Honour, we seek that the orders be made on the terms sought, if the Commission pleases.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes. Again, I'm satisfied that all of the statutory requirements have been met. I order that the Kopp Rice Enterprise Agreement 2005 to 2008 be varied and extended in terms of the draft order, the order giving effect to this will be published in due course. Yes, thank you. Adjourn the Commission.

<ADJOURNED INDEFINITELY [2.28PM]