AG2009/861, Transcript of Proceedings [2009] FWATrans 735 (7 October 2009)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 21207-1

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2009/861

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

Cadbury Pty Ltd
and
National Union of Workers
(AG2009/861)
Cadbury Schweppes Pty Ltd and NUW Collective Agreement 2006-2008

[AC311726 Print ]]




Melbourne

2.46PM, WEDNESDAY, 23 SEPTEMBER 2009

PN1

THE SENIOR DEPUTY PRESIDENT: Mr McKay, you are appearing for the NUW?

PN2

MR MCKAY: That is correct, your Honour.

PN3

MS C O'MEARA: For Cadbury.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Yes, Ms O'Meara.

PN5

MS O'MEARA: We are appearing here today for a variation of our agreement for our stores employees. The NUW and Cadbury originally negotiated the agreement in December 2008 lodging with the Workplace Authority on 22 December 2008 after compliance with all due process. It covers a single employer, Cadbury, and all employees who are employed in our stores area of the Claremont production facility. Minor variations have since been negotiated by the company and the employees and their union, the National Union of Workers, and these variations reflect both the sale of the Schweppes component on the business and hence a change to the title of the agreement to remove Schweppes and to also provide the employees with a modified wage increase.

PN6

The variations were voted on by the employees on 25/08/09 in a ballot conducted by an employee who is the union representative for the area and the majority of affected employees who case a vote approved the variation. In fact it was unanimous. Subsequently we've made application to Fair Work Australia for approval of the variation to the agreement and that was made within the fourteen days of the variation being made. The application was accompanied by a signed copy of the variation and a copy of the agreement as proposed to be varied and the declarations that were required including stat dec from the Tasmanian operations manager regarding the valid majority of employees voting on the agreement and that there is no reduction in terms overall for the covered employees due to the variation.

PN7

We have also made a statement regarding our agreement to the variation as has the union, the NUW, and no party was involved in any industrial action or threat thereof. The variation which we're seeking approval does not have a nominal expiry date of more than four years after it was initially approved and Fair Work Australia would have been required to approve the agreement. The agreement passes the no disadvantage test and all employees are better off overall. Additional wage increases are contained in the agreement as varied. I am not sure that we completed the correct form in our application. Form F26 was completed and there was some question raised about whether form F23 should have been completed but we ask that your Honour approve the variation as it is proposed.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes. What's that form, F23?

PN9

MS O'MEARA: The application for approval of a variation of an enterprise agreement under the Fair Work Act. I believe that we have completed the right form.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes.

PN11

MS O'MEARA: But we were asked to bring that to your attention.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. I hadn't noticed any discrepancy I must say when I looked at the file. No, I think that is the correct form. If it is not I will give leave you to - I waive compliance with the rules if it is not the right one but I think it is.

PN13

MS O'MEARA: Thank you, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes. Yes, Mr McKay?

PN15

MR MCKAY: Your Honour, nothing much really to add just to say that we genuinely agree to the variation and the extension. That our members had voted for this unanimously and we believe that they will be better off.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. Yes, I am satisfied that all of the statutory requirements have been met and accordingly I will extend and vary the agreement and an order will be made in terms of the draft that has been filed. Thank you. Adjourn the matter please.

<ADJOURNED INDEFINITELY [2.51PM]