AG2009/72, Transcript of Proceedings [2009] FWATrans 350 (28 June 2009)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 20441-1

COMMISSIONER WHELAN

AG2009/72

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

National Union of Workers
and
Kagan Bros. Consolidated Pty Ltd
(AG2009/72)
Kagan Bros. Consolidated and National Union of Workers Enterprise Agreement 2005

(ODN AG2005/5232)
[AG842086 Print PR961861]]




Melbourne

10.43AM, THURSDAY, 4 JUNE 2009

PN1

THE COMMISSIONER: Good morning. Ms Tran, you're appearing for the NUW in this matter?

PN2

MS K TRAN: Yes, Commissioner.

PN3

THE COMMISSIONER: I've received correspondence, I believe from the other party to the agreement to indicate that they would not be attending this morning, yes, from Ms Mijat, saying that they're satisfied with the documents that have been provided to them by you and that they would not be attending the hearing but would support the application. I also have in this matter a statement that has been signed by Mr Thow on behalf of the union and by Ms Mijat on behalf of Kagan Bros to say that the parties have reached an agreement to extend and vary the existing agreement and that none of the parties have, after 14 February, organised or engaged in or threatened to organise or engage in industrial action and nor has there been an application made for a protected action ballot.

PN4

There's also a statutory declaration by Mr Thow to say that the extension and variation was negotiated between the employer and the NUW. There were meetings with the employees and on 13 April a vote was conducted in which a valid majority of the employees approved the variation and extension. I have a copy of the agreement, as it's proposed will come into effect should the order be granted and I have a copy of the draft order. I think they're all the materials I should have.

PN5

MS TRAN: Yes, Commissioner.

PN6

THE COMMISSIONER: Is there any change to any of those documents?

PN7

MS TRAN: No, Commissioner.

PN8

THE COMMISSIONER: Thank you. Unless you have anything additional to add, I'll proceed to grant your application.

PN9

MS TRAN: No, Commissioner, everything you've outlined is very much what I would have said myself.

PN10

THE COMMISSIONER: Right. I am satisfied from reading the documentation in this case, including the order, that the statutory requirements have been met and that the granting of this order would not result in a reduction in the overall terms and conditions of employment of the employees covered by it. On those grounds I intend to grant the application. The effect of that will be that the Kagan Bros Consolidated and National Union of Workers Enterprise Agreement 2005 will be extended to have a nominal expiry date of 30 September 2011 and the other variations as set out in the draft order provided will be made to that agreement. the order will take effect from today's date and I will issue that order in due course and provide copies to the parties.

<ADJOURNED INDEFINITELY [10.43AM]