AG2009/61, Transcript of Proceedings [2009] FWATrans 286 (20 May 2009)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 20266-1

SENIOR DEPUTY PRESIDENT ACTON

AG2009/61

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

National Union of Workers
and
Coregas Pty Ltd
(AG2009/61)
Linde Gas Pty Ltd, National Union of Workers and Transport Workers Union Agreement Melbourne 2005

(ODN AG2006/2762)
[AG846667 Print PR968664]]




Melbourne

8.41AM, THURSDAY, 7 MAY 2009

PN1

MR D MUJKIC: I appear on behalf of the National Union of Workers.

PN2

SENIOR DEPUTY PRESIDENT: Yes, Mr Mujkic. We've received correspondence from the company indicating that they can't be here today, but that they support the variation. What have you got to say?

PN3

MR MUJKIC: Your Honour, this is an application to extend and vary, approve certified agreement pursuant to clause 2A of Schedule 7. The agreement we wish to extend and vary is the Linde Gas Pty Ltd National Union of Workers and Transports Workers' Union Agreement Melbourne 2005. Now, since the certification of that agreement in 2005 the company has changed names to Coregas Pty Ltd and I do have for you here an extract from the Australian Securities and Investments Commission database.

PN4

SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN5

MR MUJKIC: Which details that Coregas' previous name was Linde Gas Pty Ltd. If I could pass that up for your record.

EXHIBIT #NUW1 ASIC EXTRACT ON COREGAS PTY LTD

PN6

You should also have received an application for an order to vary the agreement, an application for an order to extend the agreement, written statements from the Assistant Branch Secretary of the National Union of Workers' Victorian Branch and the Branch Secretary of the Transport Workers' Union as well as the National Operations Manager of Coregas Pty Ltd, also a statutory declaration from the Assistant Branch Secretary of the NUW Victorian Branch, a copy of the agreement as varied, and a draft order by the parties.

PN7

We do rely on those documents that have been submitted already and confirm that all the statutory requirements have been met. That is, all the parties bound by the agreement generally agree to the variation of extension of the agreement with a valid majority of employees bound by the agreement voting in favour of the extension and variation. None of the parties, your Honour, have organized, engaged in or threatened any industrial action. The agreement as varied would not result on balance in a reduction of the overall terms and conditions of employment of the employees bound by the agreement and the extended date sought is not more than three years from the date of the order that we seek.

PN8

So subject to anything you may wish to add or ask, your Honour, we propose that the order be made on the terms sought in the draft order.

PN9

SENIOR DEPUTY PRESIDENT: Yes, thank you. Having regard to the material contained on the file in this matter and the submissions put to me I'm satisfied I should extend and vary the agreement before me in accordance with the application in this matter. I'm satisfied that to do so would be consistent with the requirements of the Act and regulations. Accordingly the agreement will be varied as sought and the nominal expiry date of the agreement will be extended to 30 November 2011. I'll now adjourn.

<ADJOURNED INDEFINITELY [8.45AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 ASIC EXTRACT ON COREGAS PTY LTD PN5