AG2008/97, Transcript of Proceedings [2008] AIRCTrans 778 (2 December 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19429-1

COMMISSIONER EAMES

AG2008/97

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

National Tertiary Education Industry Union
and
Centre for Adult Education CPSU, the Community and Public Sector Union
(AG2008/97)
CAE Certified Agreement Number 1 (2006)

(ODN AG2006/4447)
[AG848997 Print PR972160]]




Melbourne

11.38AM, WEDNESDAY, 19 NOVEMBER 2008

PN1

MS C DANAHER: If it pleases the Commission, I’m here representing the National Tertiary Education Industry Union.

PN2

THE COMMISSIONER: Good, thank you. I notice there’s no appearance from the respondent in this matter but there is documentation attached to the file which would indicate that the application is being supported so I’ll rely on your submissions, Ms Danaher.

PN3

MS DANAHER: Thank you, Commissioner. Today we’re seeking to have the CAE Certified Agreement No. 1 2006 varied by the Commission. The extent of the variation is confined primarily to replacing the salary packaging clause with a new clause. The specific variations being sought have been identified in the draft order and the draft order includes both a schedule of variations and the agreement as varied.

PN4

In seeking the variation today, we’re relying on our stat dec which confirms that the variation has been approved by a valid majority of persons whose employment is subject to the agreement. On that basis, I commend the variation to you, Commissioner. If it should please the Commission.

PN5

THE COMMISSIONER: Good. Thank you.

PN6

I have perused the documentation that’s been referred to in this matter by Ms Danaher and in spite of the fact that the employer is not here, as I indicated at the outset, the agreement according to the documentation is being supported.

PN7

The criteria for such a variation to a pre-reform certified agreement is set out in clause 2A of Schedule 7 of the Act and I’m satisfied that that criteria has been met in this case.

PN8

The parties are in agreement. There is no industrial action or evidence of industrial action being engaged in, threatened or organised and the variation of the agreement on balance would not amount to a reduction in the overall terms and conditions of those affected by it.

PN9

An order will issue in the terms sought by the parties in due course.

<ADJOURNED ACCORDINGLY [11.41AM]