AG2009/1301, Transcript of Proceedings [2009] FWATrans 380 (28 June 2009)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 20352-1

COMMISSIONER WHELAN

AG2009/1301

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

Holmesglen Institute of TAFE
and
National Tertiary Education Industry Union
(AG2009/1301)
Holmesglen Institute of TAFE Agreement (PACCT STAFF) 2005

(ODN AG2005/8805)
[AG845629 Print PR966962]]




Melbourne

10.07AM, FRIDAY, 22 MAY 2009

PN1

MR J ANDREWS: For the Kangan Batman Institute - sorry, for the Holmesglen Institute of TAFE, apologies, and with me is MR R BUCKERIDGE.

PN2

THE COMMISSIONER: Thank you. I recognise Mr Buckeridge, yes.

PN3

MS R MAY: For the National Tertiary Education Union appearing with
MS J BOURKE.

PN4

THE COMMISSIONER: Thank you. Thank you, Ms May. Right. In relation to the application by Holmesglen Institute of TAFE I have on the material before me a statement that has been signed by Mr McKenzie on behalf of the institute and by Mr McCulloch on behalf of the union in relation to the matters required and I also have a statutory declaration by Mr McKenzie in relation to the question of the agreement by the employees to be bound by the variations as proposed. I also have a copy of the order that it is proposed that the Commission should make in relation to this matter and a copy of the agreement as varied. Those are the materials I should have, I think?

PN5

MR ANDREWS: That is correct.

PN6

THE COMMISSIONER: Thank you. And is there anything that you wanted to draw my attention to, Mr Andrews, in any of the documentation?

PN7

MR ANDREWS: No, there is not. Thank you.

PN8

THE COMMISSIONER: Thank you. Ms May, is there anything you want to add?

PN9

MS MAY: No, Commissioner. We support the application. Thank you.

PN10

THE COMMISSIONER: All right. Thank you. Well, the material before me indicates that the parties to the agreement agree to the extension and variation and that none of the parties have since 14 February 2008 organised or engaged in or threatened to organise or engage in industrial action and nor as there been an application made for a protected action ballot. The material also reveals that on 1 May 2009 a valid majority of employees bound by the agreement did genuinely agree to the extension and variation of that agreement and my reading of the order as sought in these proceedings and the agreement as varied satisfies me that the employees who are bound by this agreement would not, should the agreement be varied, result in a balance in any reduction in their overall terms and conditions of employment.

PN11

On that basis I am satisfied that the statutory requirements have been met for this application to be granted. The order that will be issued by the Commission will extend the nominal expiry date of Holmesglen Institute of TAFE PACCT Certified Agreement 2005 until 10 February 2011 and will also bring into effect the other variations to that agreement that have been agreed by the parties and the date of effect of those orders will be today's date. And again that issue will be ordered and provided to both the parties in due course. Thank you very much.

PN12

MR ANDREWS: Thank you.

PN13

THE COMMISSIONER: Mr Buckeridge, you are excused.

<ADJOURNED INDEFINITELY [10.10AM]