AG2008/1340, Transcript of Proceedings [2008] AIRCTrans 706 (6 November 2008)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 19244-1

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2008/1340

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

Air New Zealand Limited
and
Australian Municipal, Administrative, Clerical and Services Union
(AG2008/1340)
Air New Zealand Certified Agreement 2005

(ODN AG2005/5258)
[AG842258 Print PR962144]]




Melbourne

11.04AM, TUESDAY, 28 OCTOBER 2008

PN1

MS A. DAVIS: Your Honour, I seek leave to appear on behalf of Air New Zealand Limited.

PN2

THE SENIOR DEPUTY PRESIDENT: Ms Davis is it?

PN3

MS DAVIS: Yes, that's right.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Davis, and in Brisbane?

PN5

MS J. SLEVA: If it pleases Senior Deputy President Kaufman, my name is Jenny Sleva and I am authorised by the national office of the Australian Municipal Administrative Clerical and Services Union, the ASU, to appear on behalf of our members.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, thank you Ms Sleva. Yes, who wants to address me? Ms Davis.

PN7

MS DAVIS: Yes, your Honour. As you are aware, today's application is to extend and vary the Air New Zealand Ltd Certified Agreement 2005 under
clause 2A of schedule 7 of the Act. In relation to the requirements under the Act the company relies upon the documents filed in this matter. In particular as reflected in the written statement which is signed by both the company and the union, all the parties to the agreement genuinely agree to the variation and extension of the agreement and none of the parties have engaged or threatened to engage in industrial action in relation to the agreement.

PN8

In addition, the company submits that on balance there is no reduction in the overall terms and conditions of employment and in this regard I note for your reference, your Honour, that the scheduled proposed changes and the statutory declaration of John Harrison of the company details the key substantive changes to the agreement and most of these changes relate to increases to allowances, a one time payment to employees and wage increases. In relation to the extension, your Honour, the parties seek an extension to 30 March 2011, which is no more than three years from today's date. And finally, all employees of the company covered by the agreement were given an opportunity to vote and a valid majority of those employees approved the variation and extension of the agreement. Unless there is any particular issue that your Honour would like me to address these are the submissions relied upon by the company. If the Commission pleases.

PN9

THE SENIOR DEPUTY PRESIDENT: Thank you Ms Davies. Yes, Ms Sleva.

PN10

MS SLEVA: Yes, if it pleases thank you your Honour. The ASU and the ASU delegates have participated from day one in the bargaining period with Air New Zealand. Our members have fully participated in the extension and variation through surveys of the issues, negotiations at the bargaining table, and ultimately in having their say through a voting process agreed to by the ASU. ASU members voted overwhelmingly in favour of this agreement. Our members at no time during this process, nor since February 2007, have attempted or stated that they would take or have initiated any industrial action. I have been asked to take this opportunity to commend the work of our delegates whose strength and leadership have delivered for the ASU members. Your Honour, we concur with the submission of Air New Zealand and commend this agreement for your extension and variance.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, thank you Ms Sleva. Yes, thank you, well having read the application with it's supporting documentation, in particular the statutory declaration of John Fondren Harrison, and having heard the submissions of the parties, I am satisfied that all of the statutory requirements have been met and accordingly I hereby order that the agreement be extended and varied in terms of the draft to operate on and from today's date. Thank you, adjourn the Commission please.

PN12

MS DAVIS: Thank you, your Honour.

<ADJOURNED ACCORDINGLY [11.20AM]