AG2008/1377, Transcript of Proceedings [2008] AIRCTrans 721 (12 November 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19274-1

COMMISSIONER RAFFAELLI

AG2008/1377

cl.16A(1)(a) Sch.8 - Application to extend the expiry date of preserved collective State agreement by person bound

Application by Breville Pty Ltd
(AG2008/1377)





Sydney

12.39PM, THURSDAY, 30 OCTOBER 2008

PN1

MS PAUL: If the Commission pleases, I’m from AI Group appearing for Breville. Commissioner, this application is made under paragraph 16A of schedule 8 of the Act for the Commission to vary the terms - vary and extend the terms of the Breville Pty Ltd Enterprise Agreement 2005-07, Botany site, which was approved by the Industrial Relations Commission of New South Wales on 13 March 2006.

PN2

THE COMMISSIONER: Wait a second. Sorry.

PN3

MS PAUL: Sorry, Commissioner. Being IRC No. IRC6/1152.

PN4

THE COMMISSIONER: Yes.

PN5

MS PAUL: The grounds of the application, Commissioner, is that we submit that the application supported by the accompanying witness statements and statutory declarations would satisfy the relevant requirements of the Act. Namely, that on 8th October the employer and valid majority of employees genuinely agreed to the extension and variation. We have filed in the Commission a copy of the agreement with the variations marked in track changes as well as a final copy of the agreement as varied without track changes. We have similarly also provided the Commission, by way of assistance, an amendment document which outlines the actual amendments as well.

PN6

The employer provided employees with a reasonable opportunity to decide whether or not they wished to approve the agreement. It was some approximate seven days. The parties submitted that the variations to the agreement do not, on balance, reduce the terms and conditions of any transitional award which would have applied to the employer has the employer been an excluded employer.

PN7

The parties submit that the variations do not, on balance, reduce the terms and conditions of any Commonwealth or any State laws that the Commission considers relevant. The employer and employees bound by the agreement have not organised or engaged in any industrial action or applied for a protective action ballot in relation to proposed industrial action after 13 February 2008, all of which has been attested in the various documentation filed in the Commission.

PN8

THE COMMISSIONER: Yes.

PN9

MS SCHEY: Accordingly, with the consent from the majority of employees covered by the agreement and the employer, we applied for a variation order and an extension order from the Commission to give effect to the Breville Pty Ltd Enterprise Agreement 2008-11 as varied, from this date - from the date from the first fall period from the date of the variation order.

PN10

THE COMMISSIONER: Yes, Ms Paul. Just let me just - the documentation also refers to the participation of the National Union of Workers.

PN11

MS PAUL: Yes, Commissioner.

PN12

THE COMMISSIONER: They’re not here today. That’s no trouble about that but I just wanted clarify that.

PN13

MS PAUL: Yes, it does, Commissioner.

PN14

THE COMMISSIONER: And the other thing too is the - you know, I was looking at this - there was a wage increase associated with this.

PN15

MS PAUL: Yes, Commissioner.

PN16

THE COMMISSIONER: What was that?

PN17

MS PAUL: It was a wage increase of 4 percent over a - - -

PN18

THE COMMISSIONER: Sorry?

PN19

MS PAUL: 4 per cent per annum over a three-year period.

PN20

THE COMMISSIONER: I see, yes. Yes, okay. Yes, thank you, Ms Paul.

PN21

MS PAUL: Thank you, Commissioner.

PN22

THE COMMISSIONER: There’s one thing, Ms Paul, I know this has troubled the Members of the Commission - I don’t think the word “troubled” is correct - but they have pondered this and that is whether the Commission - the Commission can certainly extend the nominal expiry date and you seek that. and the Commission can vary the terms of agreement. There’s been a bit of a query as to whether the name of the agreement is a term of the agreement.

PN23

MS PAUL: Yes, Commissioner.

PN24

THE COMMISSIONER: It would seem to me that if - I’ll just have to revise that or reconsider that, but if I take the view that the Commission cannot alter the name of the agreement, you wouldn’t be troubled by that?

PN25

MS PAUL: No, Commissioner. And in fact if there was a concern, we would seek the Commission do it by - administratively.

PN26

THE COMMISSIONER: Yes, thank you.

PN27

MS PAUL: Thank you.

PN28

THE COMMISSIONER: Well, this is an application to vary a preserved collective state agreement and also to - another application, dealt with assist the same time, to extend the - extend the life of a preserved collective state agreement.

PN29

On the basis of all that’s been put, I’m satisfied that had the statutory requirements have been met. I note that the applicant is the employer and comes - and is represented today. There is the employees, some of whom may be members of the National Union of Workers. It’s clear that that organisation supports the application and have signed documents relevant to that.

PN30

The Commission is certainly satisfied that it ought to extend the agreement and it proposes to do so. It will issue an order which will vary the agreement and replace it with what seems to be a consolidated document and the nominal expiry date will be extended and that - all of that will come into force from 30 October 2008. And it will expire - remain in force until 29 May 2011. Is that right, Ms Paul?

PN31

MS PAUL: Yes, Commissioner.

PN32

THE COMMISSIONER: Yes. On that basis, these proceedings are adjourned.

<ADJOURNED ACCORDINGLY [12.46PM]