AG2009/1447, Transcript of Proceedings [2009] FWATrans 476 (3 August 2009)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 20736-1

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2009/1447

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

Shop, Distributive and Allied Employees Association
and
Kings Family Supermarkets P/L
(AG2009/1447)
Master Grocers Association of Victoria (Kings Family Supermarkets) and SDA [Shop, Distributive and Allied Employees' Association] Enterprise Agreement 2005

(ODN AG2005/4513)
[AG840847 Print PR959389]]




Melbourne

9.33AM, MONDAY, 20 JULY 2009

PN1

MR A BURKE: If the Commission pleases, or if Fair Work Australia pleases I appear on behalf of the Shop Distributive and Allied Employees Association.

PN2

MR C ISSA: If the Commission pleases I appear on behalf of Master Grocers’ Association Victoria and the employers.

PN3

THE DEPUTY PRESIDENT: Yes Mr Burke.

PN4

MR BURKE: Thank you your Honour.

PN5

MR ISSA: Is it more convenient or are these able to be dealt with as a batch lot as it were?

PN6

MR BURKE: I think so your Honour, if you advise. The applications are all the same. They are to extent and vary a number of agreements that are similar and the employers are all represented by the Association. The agreements have expired and we have sought to vary them as per Schedule 7 of the previous Act which under the transitional arrangements is still able to be done.

PN7

The applications were made prior to the repeal of the Workplace Relations Act. A number of directions were made by yourself your Honour in terms of filing documents and I have done that. A copy of the relevant agreement and a copy of the draft order and a consolidated version of the agreement was mailed to each of the employers. A copy of each document was also sent to the Master Grocer’s Association by 9 am last Friday and all the document were also sent to your Chambers by 9 am last Friday.

PN8

I was only able to send a copy of the tracked version of the proposed agreement on Friday, by email, to each employer, but that has been done. Those were sent by registered mail and I have a copy of all that. I’m not sure if your Honour wishes to receive that material.

PN9

THE SENIOR DEPUTY PRESIDENT: I’m sorry, I couldn’t hear that last bit.

PN10

MR BURKE: I have a copy of the registered mail receipt and I’ve got proof of service that I have followed the directions that you set your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, I think for the record it’s probably as well if we have that on the file.

PN12

MR BURKE: I have a statutory declaration in relation to it your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you, and this is in relation to all of the matters Mr Burke?

PN14

MR BURKE: Yes your Honour.

MFI #SDA 1 STATUTORY DECLARATION IN RELATION TO EACH OF THE MATTERS SIGNED BY MR A BURKE

PN15

MR BURKE: Thank you, your Honour. The attachments to the application include a written statement signed by both parties and a statutory declaration signed by Mr Donovan in relation to each. The SDA relies on the documents submitted to outline that the statutory requirements have been met. We confirm that all parties involved in these agreements have genuinely agreed to the extension and the variation and that a valid majority of employees voted in favour of each agreement.

PN16

The variation provides for pay increases for employees and does not disadvantage any employees covered by it. We can also confirm that no industrial action has been threatened or has threatened or taken as stated in the signed statement in each matter. The extensions sought are for 3 years from the date the order is made which is in accordance with the maximum length of time allowed for under Schedule 7. They are basically our submissions in relation to the applications. We seek the agreements varied and extended and the orders made in the terms sought and unless the Commission has any questions we believe we have made the applications in accordance with the Act and the Rules and seek an order be made. If the Commission pleases.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes, thank you Mr Burke. Mr Issa.

PN18

MR ISSA: Thank you your Honour. I endorse what my friend here has said. The proposed variation will not result on balance in a reduction of terms and conditions for the employees. The variation has been approved by a valid majority of employees and by a fair vote also. We feel it’s in the best interests of all parties concerned that this agreement is varied by the Commission today.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Having heard from the parties and having perused the documents, and of course I’m reliant on what’s being said, I’m satisfied that all of the statutory requirements have been met. Each of the agreements will be extended and varied in terms of the draft order that has been provided. The extension will operate for a period of 3 years from today’s date and the order will operate from today’s date as well. If there is nothing else I’ll adjourn the Tribunal.

<ADJOURNED INDEFINITELY [9.39 AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

MFI #SDA 1 STATUTORY DECLARATION IN RELATION TO EACH OF THE MATTERS SIGNED BY MR A BURKE PN14