AG2008/84, Transcript of Proceedings [2008] AIRCTrans 740 (20 November 2008)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 19352-1

COMMISSIONER WHELAN

AG2008/84

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

National Union of Workers
and
National Foods Dairy Group Limited
(AG2008/84)
National Foods and National Union of Workers, Morwell Agreement 2004

(ODN AG2005/2866)
[AG838621 Print PR955525]]




Melbourne

10.17AM, THURSDAY, 6 NOVEMBER 2008

PN1

MS A PARKES: I appear for the National Union of Workers, with me MR D STEVENS.

PN2

MS H COTTON: I appear for National Foods Ltd.

PN3

THE COMMISSIONER: Thank you. In relation to this application I've received the application, obviously. I have a draft award and I have a copy of the agreement as varied. In support of the application I have the statement that's been signed by Mr Thau and Ms Cotton in relation to the question of whether there has been industrial action engaged in, organized or threatened or whether there's been an application for a protected action ballot and I also have the statutory declarations made by Ms Cotton and by Mr Thau in relation to the method by which a valid majority of employees were given the opportunity to vote and to approve the variation and extension of this agreement.

PN4

I think they're the documents that I should have. Is that right, Ms Parkes?

PN5

MS PARKES: Yes, Commissioner. If I could just also hand up an original copy of the consolidated agreement with the original signatures on it.

PN6

THE COMMISSIONER: The consolidated varied extended and everything else, yes.

PN7

MS PARKES: Yes, and the draft order with today's date and matter number.

PN8

THE COMMISSIONER: Thank you, Ms Parkes. Is there anything in the content of the agreement which should give me any concern that it would not pass the requirements of clause 2(a)?

PN9

MS PARKES: No, Commissioner. Essentially the key changes that are outlined in the draft order, or the most essential changes, the change to the rostering system that is proposed to take place early next year is currently a all-on five-off shift system and it's going to be moving to a three-on three-off system, but the Commissioner would note from the table of the wage rates contained in the draft order that the rates contained are significantly above the minimum rates in both the Butter Factories and Condensories Award and the applicable pay scale and that the statutory declarations of Mr Thau and Ms Cotton will also attest that the agreement on an overall basis would not disadvantage employees in comparison to the applicable award in the Federal legislation.

PN10

THE COMMISSIONER: Thank you.

PN11

MS PARKES: So accordingly, unless the Commission has any further questions we would seek that the application be granted in the terms sought. If the Commission pleases.

PN12

THE COMMISSIONER: Thanks, Ms Parkes. Ms Cotton, did you have anything you wanted to add to what Ms Parkes has put?

PN13

MS COTTON: No, I don't think so. I think Ms Parkes has covered it off pretty well. So we're pretty happy with it.

PN14

THE COMMISSIONER: Thank you. I have taken the opportunity to read the documentation and on the basis of my reading of it and all of the material that's been presented I'm satisfied that the requirements of clause 2(a) have been met in full and that there's therefore no reason why I should not grant this application. The draft order, as submitted today, will be the order that the Commission will make in relation to this. The effect of that order will be to vary the agreement consistent with the terms of the order and the variations now contained in the consolidated version of the agreement and to extend the operation of the agreement to give it a nominal expiry date of 30 September 2010 and I'll issue that order and provide you with copies shortly. Thank you very much for your attendance.

<ADJOURNED INDEFINITELY [10.22AM]