AG2012/13800, Transcript of Proceedings [2013] FWCTrans 112 (21 February 2013)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 1035594-1

COMMISSIONER ASBURY

AG2012/13800

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Independent Living Centre Association of Queensland Incorporated T/A Life Tec Queensland
and
Queensland Services, Industrial Union of Employees
(AG2012/13800)





Brisbane

3.04PM, TUESDAY, 12 FEBRUARY 2013

PN1

THE COMMISSIONER: Now, you’re representing the respondent in this matter?

PN2

MR I. RANKIN: Independent Living Centre, yes.

PN3

THE COMMISSIONER: Mr Rankin, I’ve listed this matter because rather than keep on corresponding with you about what I require I thought I’d call the matter on for hearing and tell you because I don’t seem to be getting what I require.

PN4

MR RANKIN: Okay.

PN5

THE COMMISSIONER: Section 226 of the Act, which is the relevant section for your application, requires that I have to be satisfied that it’s not contrary to the public interest to terminate this agreement and I think that it’s appropriate, taking into account the views of the employees, the employer and each employee organisation, if any, covered by the agreement and the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

PN6

Now, what I need is a statutory declaration, and you’ve given me a statutory declaration but it doesn’t really answer those questions. What it needs to say is what your role is with the organisation. This is getting transcribed so you’ll get a copy of the transcript.

PN7

MR RANKIN: Okay, right.

PN8

THE COMMISSIONER: So what role or function you perform with the organisation and your authority to make the statutory declaration and then it needs to say what steps you took to find out the views of the employees. So, “I held a meeting.” “I held a ballot.” “There was a secret ballot.” “There was a show of hands.” “There was a discussion,” something that says, “This is how I obtained the views of the employees. This is the view of the employees.” If you want to, you could perhaps provide a statutory declaration from one of the employees that supports what you say and then you can say, “The views of the union are evident from the attached email which I received on this date in response to my email which said this,” “I received an email which said that,” and on that basis the views of the union are as per the email. You just haven’t got enough in there.

PN9

MR RANKIN: I’ve got all that but, yes, okay.

PN10

THE COMMISSIONER: Yes, so you just need to set it out along those lines and, provided you can do that - you know, you just need to say, “There are X number of employees. I found out their views by having a meeting, having a” - whatever you did.

PN11

MR RANKIN: Yes.

PN12

THE COMMISSIONER: “Their views were this. This is how they conveyed them to me. They told me they had a vote. They did whatever. I found out the views of the union because I wrote to them and asked them to tell me what their views were. They sent me an email. My email to them is attachment 1. Their email to me is attachment 2,” and also you need to tell me what you say the circumstances will be if the agreement is terminated.

PN13

So what will cover the employees if the agreement is terminated, and I take it it’s the SACS Award that will cover them?

PN14

MR RANKIN: It’s condition of employment terms and conditions of employment which are the same words that were in the certified agreement.

PN15

THE COMMISSIONER: But there’s a modern award that applies.

PN16

MR RANKIN: Yes.

PN17

THE COMMISSIONER: So you need to say they’ll be covered by the modern award, this modern award, whatever it is. I think it’s the Social and Community.

PN18

MR RANKIN: Yes, it’s the SACS one but, yes, the conditions are better than the SACS one.

PN19

THE COMMISSIONER: Well, you know, written contract of employment underpinned by the Social and Community Services Award and it won’t result in any loss of income or detriment to those employees. You need to give me some more information.

PN20

MR RANKIN: Okay.

PN21

THE COMMISSIONER: Okay, so does that make it clear what I’m - - -

PN22

MR RANKIN: Yes, I’ve got all that. I just didn’t understand that’s what was all that was needed.

PN23

THE COMMISSIONER: Yes, okay, so I’ll release the transcript and you should have that within a couple of days and if you can provide that to me say within seven days I’ll then - provided I’m satisfied with the information I’ll terminate the agreement.

PN24

MR RANKIN: I’ll get it all ready and, you know, I’ll just make sure that I’ve got what the transcript says, yes.

PN25

THE COMMISSIONER: Okay.

PN26

MR RANKIN: Good.

PN27

THE COMMISSIONER: All right, then?

PN28

MR RANKIN: No worries. I knew that.

PN29

THE COMMISSIONER: Thank you for that.

PN30

MR RANKIN: I just didn’t understand that’s what you wanted.

PN31

THE COMMISSIONER: That’s all right. On that basis I’ll adjourn.

PN32

MR RANKIN: Thank you.

<ADJOURNED INDEFINITELY [3.09PM]