AG2009/1224, Transcript of Proceedings [2009] FWATrans 401 (28 June 2009)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 20322-1

DEPUTY PRESIDENT HAMILTON

AG2009/1224

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

Maroondah City Council
and
Australian Municipal, Administrative, Clerical and Services Union Australian Nursing Federation Association of Professional Engineers, Scientists and Managers, Australia, The
(AG2009/1224)
Maroondah City Council enterprise Agreement No 6, 2005

(ODN AG2005/6756)
[AG844640 Print PR965566]]




Melbourne

11.18AM, MONDAY, 18 MAY 2009

PN1

MS D VRAHNAS: From the Maroondah City Council, human resources manager.

PN2

MR S BISHOP: From the Maroondah City Council.

PN3

THE DEPUTY PRESIDENT: Marvellous. For the record I received an email on 28 April 2009 from Barry McInnes of the Australian Nursing Federation saying they are unable to attend the hearing however they support the council's application and request the Commission's approval to vary the agreement. Right. Who would like to speak? Nobody? Look there is two issues. One is the title and is there anything else? I think we have to maintain the title as is but we can add, for example, words that the agreement was extended and varied at today's date. Would that be acceptable to you?

PN4

MR BISHOP: Yes, Deputy President, that would be acceptable to us.

PN5

THE DEPUTY PRESIDENT: All right. I also note that you put, I think, two awards, is that right?

PN6

MR BISHOP: That is correct, yes, The Victorian Local Authorities Award 2001 and the Local Government Nurses Award.

PN7

THE DEPUTY PRESIDENT: Right. Almost by definition I suppose there are no objectionable provisions or anything of the sort in there?

PN8

MR BISHOP: Not that I am aware of.

PN9

THE DEPUTY PRESIDENT: Well, that's not very helpful. Not that I am aware of means there maybe but I don't know. Now, what I need is a firm statement from you as to whether there are or there aren't because that's a test. Do you understand? It's a test. It has to be a statutory test that has to be satisfied so I need you to be sure.

PN10

MR BISHOP: Yes, Deputy President.

PN11

THE DEPUTY PRESIDENT: You see there is no point in saying the statutory tests may or may not be satisfied. Do you understand?

PN12

MR BISHOP: Yes, Deputy President.

PN13

THE DEPUTY PRESIDENT: What type of award is it that you've included? Is it an award that's been properly simplified and restructured and so on and so forth? Where did you get the award clauses from?

PN14

MR BISHOP: The awards that are incorporated in there have come from the most recent updates that existed as amended via Austlii upon as they stood on 30 September 2008.

PN15

THE DEPUTY PRESIDENT: Right. So they are transitional awards, are they? Yes, they are. Right. So going through the test soon. First of all, 2A, all parties genuinely agree do they?

PN16

MR BISHOP: Yes, Deputy President.

PN17

THE DEPUTY PRESIDENT: Right. Secondly, none of the parties have organised or threatened to take industrial action or applied for a secret ballot?

PN18

MR BISHOP: No, Deputy President.

PN19

THE DEPUTY PRESIDENT: Thirdly, the agreement as varied would not result on balance in a reduction in the overall terms and conditions of employment of the employees bound by the agreement under any transitional award?

PN20

MR BISHOP: Yes, Deputy President, there will be no disadvantage as a result of that.

PN21

THE DEPUTY PRESIDENT: Or under law of the Commonwealth or the states?

PN22

MR BISHOP: No, Deputy President.

PN23

THE DEPUTY PRESIDENT: The extended date is not more than three years after the date on which the order is made?

PN24

MR BISHOP: No, Deputy President.

PN25

THE DEPUTY PRESIDENT: Right. Is there anything else you want to say?

PN26

MR BISHOP: No, Deputy President.

PN27

THE DEPUTY PRESIDENT: All right. Thank you very much. On the basis of the submissions put and the documents filed I grant the application as sought with the variation of the title as we discussed on transcript. Thank you very much. This matter stands adjourned.

<ADJOURNED INDEFINITELY [11.23AM]