AG2009/10285, Transcript of Proceedings [2009] FWATrans 567 (26 August 2009)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 20914-1

COMMISSIONER WHELAN

AG2009/10285

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

Northern Melbourne Institute of TAFE
and
National Tertiary Education Industry Union
(AG2009/10285)





Melbourne

THURSDAY, 13 AUGUST 2009

PN1

MR P CHRISTIE: I appear for the Northern Melbourne Institute of TAFE.

PN2

MS R MAY: I appear for the National Tertiary Education Union.

PN3

THE COMMISSIONER: Thanks Mr Christie, Ms May. I have received this application and in support of the application I have a statement that has been signed by you Mr Christie and by Mr McCullough on behalf of the union. I also have your statutory declaration that’s been signed in this matter. I have a copy of the agreement as it’s proposed to operate once it has been approved and I have a copy of the proposed order. Are those the documents that I should have in relation to this matter?

PN4

MR CHRISTIE: Yes, that’s right Commissioner.

PN5

THE COMMISSIONER: Has there been any change since the last documents were provided to the Commission?

PN6

MR CHRISTIE: No, Commissioner.

PN7

THE COMMISSIONER: Thank you. Is there anything that you want to draw my attention to in the documentation?

PN8

MR CHRISTIE: Not particularly, Commissioner, no.

PN9

THE COMMISSIONER: No, Ms May?

PN10

MS MAY: No, Commissioner, we support the application.

PN11

THE COMMISSIONER: All right, thank you very much. All right, this is an application for an order to vary and to extend a pre-Reform certified agreement. In support of that I have a statement made on behalf of the employer and also the union which indicates that the parties agree to the extension and variation. And, that none of the parties have after 14 February 2008, 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.

PN12

I also have a statutory declaration by Mr Christie which indicates that the agreement was circulated to employees on 23 June. That on 29 June, the employees were advised as to how the vote would be conducted. The votes were counted on 9 July and that there was obviously an overwhelming majority in favour of the variation and extension of this agreement. On that basis I’m satisfied that a valid majority of the employees who are covered by this agreement have agreed to the variation and extension.

PN13

Having read the copy of the agreement as it is proposed to operate and the draft order, I’m also satisfied that no employee covered by this agreement would be disadvantaged by the decision to grant the order in this matter. On those grounds the order will be the application will be granted and the order will be issued. The effect of the order will be that the Northern Melbourne Institute of TAFE Professional Administrative Clerical Computing and Technical Staff Agreement 2005 will be extended to have a nominal expiry date of 27 March 2011. That the other matters set out in the draft order will also take effect. The date of the order will be today’s date and we will be providing you with copies of that order as soon as we’re able to. Thank you for your attendance this morning.

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