AG2012/4142, Transcript of Proceedings [2012] FWATrans 350 (4 April 2012)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 1033200-1

SENIOR DEPUTY PRESIDENT ACTON

AG2012/4142

s.185 - Application for approval of a single-enterprise agreement


Application by Allen Insulations (Vic) Pty Ltd
(AG2012/4142)





Melbourne

9.40AM, THURSDAY, 29 MARCH 2012

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

PN1

THE SENIOR DEPUTY PRESIDENT: Good morning. We've got Mr Verberne?

PN2

MR P. VERBERNE: Yes, your Honour, good morning.

PN3

THE SENIOR DEPUTY PRESIDENT: And Mr O'Connor?

PN4

MR J. O'CONNOR: Yes, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: And Mr Rocco, is it?

PN6

MR S. ROCCO: Hello, yes, your Honour, yes.

PN7

THE SENIOR DEPUTY PRESIDENT: The unions are party – wants to be a party to this agreement?

PN8

MR ROCCO: That’s right.

PN9

MR VERBERNE: Hello?

PN10

THE SENIOR DEPUTY PRESIDENT: Yes, hang on a second will you?

PN11

MR VERBERNE: That's all right. We'd thought we'd lost you, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: No, that's fine. Look, there's – on the face of it there seems to be a problem about the 21 days between the notice of representational rights and the vote?

PN13

MR VERBERNE: Yes.

PN14

THE SENIOR DEPUTY PRESIDENT: Is that conceded or - - -

PN15

MR VERBERNE: No, I think that, your Honour, that that the notice to the employees went out on 15 February with their representational rights.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes.

PN17

MR VERBERNE: The voting ballot paper, I don't know whether I actually included that in the papers but the ballot paper dated 7 March, which again is just on the three weeks.

PN18

THE SENIOR DEPUTY PRESIDENT: And when did people vote?

PN19

MR VERBERNE: Yes, did people vote on the seventh and the eighth or did they vote earlier, do you remember?

PN20

MR O'CONNOR: No, no one voted before the eighth. I got my first ballot paper back on the ninth and then I had to ring all the members, all the staff, because I only had one back and then what happened I had to remind them through the telephone call and I got all the rest of them back on the following Monday, Tuesday and Wednesday.

PN21

THE SENIOR DEPUTY PRESIDENT: Okay. All right, well then that looks okay. So the actual – well the actual date on which the agreement was made would be the last date so - - -

PN22

MR VERBERNE: Which is 8 March, yes.

PN23

THE SENIOR DEPUTY PRESIDENT: Well, apparently there was some ballots returned thereafter.

PN24

MR VERBERNE: Was there some after the eighth was there, Jeff?

PN25

MR O'CONNOR: Yes, because they came back by mail - - -

PN26

MR VERBERNE: Yes.

PN27

MR O'CONNOR: - - - and it was quite logically - - -

PN28

MR VERBERNE: All right.

PN29

MR O'CONNOR: - - - the chaps start posting them. Some probably posted them on the eighth and the ninth.

PN30

MR VERBERNE: Yes.

PN31

MR O'CONNOR: And because of the weekend and then I got them on the Monday and Tuesday.

PN32

THE SENIOR DEPUTY PRESIDENT: Okay. And, Mr Rocco, the CEPU seeks to be bound the agreement, is that right?

PN33

MR ROCCO: That's correct, yes.

PN34

THE SENIOR DEPUTY PRESIDENT: All right, well I'll just put the agreement through.

PN35

MR VERBERNE: Thank you, your Honour.

PN36

MR O'CONNOR: Thank you, your Honour.

PN37

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN38

MR VERBERNE: Always a pleasure to talk to you.

PN39

MR ROCCO: Thank you.

<ADJOURNED INDEFINITELY [9.42AM]