AG2008/120, Transcript of Proceedings [2008] AIRCTrans 845 (24 December 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19548-1

COMMISSIONER WHELAN

AG2008/120

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

National Union of Workers
and
Tic Group Pty Ltd
(AG2008/120)
TIC (Reverse Logistics) Pty Ltd - National Union of Workers Comprehensive Agreement 2005-2008

(ODN AG2005/7217)
[AG845583 Print PR966888]]




Melbourne

12.05AM, TUESDAY, 9 DECEMBER 2008

PN1

MS K TRAN: I appear on behalf of the National Union of Workers, together with MR D MUKHIC.

PN2

THE COMMISSIONER: Thanks, Ms Tran. I understand that you believe that the respondent in this matter is not going to appear this morning; is that right?

PN3

MS TRAN: Yes, that’s correct, Commissioner.

PN4

THE COMMISSIONER: All right then. All right on that basis I’ll proceed on the material that’s before the Commission. We have before the Commission the application in this matter. I also have the written statement signed by Mr Curnow and Mr May on behalf the union and the company respectively, which indicates that the parties agree to the extension and variation, and that none of the parties have organised or engaged in, or threatened to organise or engage in, industrial action in relation to the agreement, or have applied for a protected action ballot. I also have a statutory declaration by Mr Curnow that indicates that the extension and variation was negotiated between the employer and officials of the NUW; that on 8 October a vote was conducted in which the variation and extension was approved by a valid majority of the employees. I’ve also received a copy of the draft order and a copy of the agreement as amended. I think that’s all the material I should have, is that right?

PN5

MS TRAN: Yes, that’s correct, Commissioner.

PN6

THE COMMISSIONER: All right then. Ms Tran, are there any matters that you need to draw to my attention in relation to this application?

PN7

MS TRAN: Commissioner the documents that you’ve just outlined demonstrate that all statutory requirements have been met. You have reinforced that so there is no further comment from us.

PN8

THE COMMISSIONER: All right then, thank you. On the basis of the material that is before the Commission in this matter I am satisfied that the statutory requirements of clause 2A of schedule 7 have been met, and that having read the draft order I’m satisfied that the agreement, as varied and extended, would pass the no disadvantage test. On that basis, the order as sought by the union will be granted. The effect of that will be that the nominal expiry date of the TIC Reverse Logistics Pty Ltd and Nation Union of Workers Comprehensive Agreement will be extended to 30 June 2011, and that the variations as set out in the order will also be made, and those will all take effect as and from today’s date. That order will be issued in due course. I think that completes the formalities in relation to that application.

<ADJOURNED INDEFINITELY [12.09PM]