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Industrial Relations Commission Decision  1690 /1994 [1994] AIRC 1535; (28 September 1994)

Industrial Relations Commission Decision  1690 /1994;

 
F0238 Dec  1690 /94 M Print L5385 
 
                  AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION 
 
                         Industrial Relations Act 1988 
                   s.99 notifications of industrial dispute 
 
                     The Amalgamated Metal Workers' Union 
 
                            
         and 
 
           Metal Trades Industry Association of Australia and others 
                             (C No. 20311 of
1990) 
 
       Federation of Industrial, Manufacturing and Engineering Employees 
 
                                      and 


           Metal Trades Industry Association of Australia and others 
                        (C Nos 20384 and 20401 of 1990) 


                      s.170MA certification of agreement 
 
           Metal Trades Industry Association of Australia and others

                             (C No. 31123 of 1994) 
 
             FALCAST ENGINEERING PTY LTD CERTIFIED AGREEMENT 1994 
      
                       [Doc L3948 [F0238]] 
 
Various employees                                                Metal industry 
 
COMMISSIONER SIMMONDS                              MELBOURNE, 28 SEPTEMBER 1994 
 
Conditions of employment - certified agreement
- s.170MA Industrial Relations 
Act 1988 - requirements of Act met - agreement certified. 
 
                             REASONS FOR DECISION 
 
The following decision (now
edited) was given in transcript at Melbourne on 
17 May 1994: 
 
     "This matter is an application by the Metal Trades Industry
Association of 
      Australia, The AWU - FIME Amalgamated Union and the Automotive, Food, 
      Metals and Engineering Union for
the certification of an agreement under 
      section 170MA of the Act. The agreement applies to the operations of 
      Falcast
Engineering Pty Ltd at Preston in Victoria, subject to the 
      restrictions contained in clause 3 of the agreement, and thus it
is 
      applicable to a part of a single business for the purpose of section 
      170MC(1)(g). 
 
            On the basis of
the submissions of the parties and the statutory 
      declarations submitted in accordance with Rule 30A(3), I am satisfied 
 
    that the agreement meets the relevant requirements of section 170MC. I am 
      also satisfied, on what is before me, that there
are no grounds for 
      refusing to certify the agreement under section 170MD. 
 
            Under section 170MG I have identified
relevant employees and am not 
      satisfied those employees were consulted and were informed of the matters 
      described in
section 170MC(1)(f) in an appropriate manner and that the 
      effects of the terms of the agreement were properly explained to
them. 
 
            I have, however, received an undertaking from the union parties to 
      the agreement which, if met, will
render the agreement capable of 
      certification. Subject to receipt of a satisfactory statutory 
      declaration, the agreement
will be certified with effect from the date of 
      receipt." 
 
      The statutory declarations referred to have been received
and the 
agreement was certified on 27 June 1994, effective from 16 June 1994. 
 
Appearances: 
 
D. Driscoll for the Metal Trades
Industry Association of Australia, on behalf 
of Falcast Engineering Pty Ltd with B. Mitchell, the chairperson of the labour 
hire
group. 
 
M. Rattigan for the Automotive, Food, Metals and Engineering Union. 
 
J. Manning for The AWU - FIME Amalgamated Union.

 
Hearing details: 
 
1994. 
Melbourne: 
May 17. 
 
** end of text ** 
 
*** End of Text *** 
 





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