AG2009/93, Transcript of Proceedings [2009] FWATrans 445 (27 July 2009)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 20682-1

COMMISSIONER WHELAN

AG2009/93

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

Bidvest (Victoria) Pty Ltd
and
National Union of Workers
(AG2009/93)
Bidvest Melbourne & Geelong Warehouse - Certified Agreement 2005-2008

(ODN AG2006/2401)
[AG846438 Print PR968178]]




Melbourne

9.49AM, THURSDAY, 9 JULY 2009

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA VIDEO CONFERENCE AND RECORDED IN MELBOURNE

PN1

MR D D'ARCY: I appear on behalf of Bidvest (Victoria) Pty Ltd.

PN2

MS K TRAN: I appear on behalf of the National Union of Workers.

PN3

THE COMMISSIONER: Thank you. Mr D'Arcy, Ms Tran, I have received in relation to this application a copy of the agreement as it's proposed to operate once varied. I have a statutory declaration from Mr Curnow on behalf of the union and also a statutory declaration from Mr Taylor, the Operations Manager for Victoria and I have a statement that's been signed by Mr Curnow and by you, Mr D'Arcy in relation to the matters required to be covered by such a statement and I have a copy of a draft order. Are those the materials that I should have?

PN4

MR D'ARCY: Yes, Commissioner. I should also say, I apologise, I meant to seek leave in my appearance as well.

PN5

THE COMMISSIONER: That's all right, Mr D'Arcy. To the extent that it's necessary it's granted. So they're the documentation. Is there anything in the material that's been lodged that you wish to bring to my attention, Mr D'Arcy?

PN6

MR D'ARCY: Commissioner, merely just in support of the application I should indicate that this is a one year rollover of an existing extension, a one year extension to the agreement that's already in place and effectively the variation seeks to include a 2 per cent pay increase on top of existing rates which are 30 per cent in excess of the relevant award. Together with that, Commissioner, the statutory declarations contain all the information required by the Act. It goes through Mr Gunston and Mr Lees, both organizers of the National Union of Workers conduct a balance of the employees by show of hands on 6, 7 and 16 May at the relevant sites across the relevant shifts and there was a valid majority.

PN7

With that I should also say that the draft order as applied to the Commission was agreed with the National Union of Workers together with the consolidated agreement. That was an email to your associate, Therese Newton, on 19 June which confirmed the NUW's acceptance of the draft order consolidated agreement together with the company's, if it pleases.

PN8

THE COMMISSIONER: Thanks, Mr D'Arcy. Ms Tran, is there anything you want to add to what Mr D'Arcy has put?

PN9

MR TRAN: Commissioner, the NUW relies on the documents submitted and also Mr D'Arcy's submission that the NUW does support this particular application.

PN10

THE COMMISSIONER: Thanks, Ms Tran. Mr D'Arcy, Ms Tran, I've taken the opportunity prior to this morning to read the documentation that has been lodged on the basis of the statutory declarations and the statements made and the submissions I've heard this morning and my reading of the documentation. I'm satisfied that the statutory requirements for the granting of this order have been met and that the effect of granting the order will not result in any reduction in the overall terms and conditions of the employment of the employees who are covered by the agreement.

PN11

I am also satisfied that those employees have indicated their agreement to the extension and variation of the agreement. On that basis the application will be granted. The order that will be made will be in the form of the order provided by the parties. The effect of that will be that the nominal expiry date of the Bidvest Melbourne & Geelong Warehouse Certified Agreement 2005 will be extended to 23 October 2009 and that the other variations set out in that order will also take effect and a copy of the orders will be provided to the parties in due course, but the operative date will be today's date. Thank you for your attendance this morning.

<ADJOURNED INDEFINITELY [9.54AM]