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AG2002/ 3079 , Transcript of Proceedings [2002] AIRCTrans 2920 (31 July 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04944

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

AG2002/ 3079 

APPLICATION FOR CERTIFICATION OF
GREENFIELDS AGREEMENT (DIVISION 2)

Application under section 170LL of the Act by
Communications, Electric, Electronic, Energy,
Information, Postal, Plumbing and Allied Services
Union of Australia - Plumbing Division Victorian
Divisional Branch and Another for certification of
a greenfields agreement re National Gallery of
Victoria Site Agreement - Barden Steeldeck
Industries Pty Limited

MELBOURNE

1.00 PM, TUESDAY, 16 JULY 2002

Continued from 4.7.02

PN182

MR J. COONEY: I appear on behalf of the CEPU.

PN183

MR I. MARRIS: I appear on behalf of the CEPU.

PN184

THE VICE PRESIDENT: Okay, Mr Cooney, I will just run through the statutory tests. I note the application states it has been made under Division 2 of Part VIB, and that the application was lodged no later than 21 days after the day on which the agreement was made in accordance with section 170LL. Is the employer party to the agreement a constitutional corporation within the meaning of the Act?

PN185

MR COONEY: Yes, your Honour.

PN186

THE VICE PRESIDENT: And has a written copy of the agreement been submitted for certification? Yes, it has. Do you say that the agreement is about matters pertaining to the employment relationship?

PN187

MR COONEY: Yes, your Honour.

PN188

THE VICE PRESIDENT: And the agreement applies in respect of part of a single business?

PN189

MR COONEY: Yes, your Honour.

PN190

THE VICE PRESIDENT: That being work conducted on the National Gallery of Victoria Project?

PN191

MR COONEY: Yes, your Honour.

PN192

THE VICE PRESIDENT: And is that part of the business a new business that the employer proposed to establish or is establishing when the agreement was made?

PN193

MR COONEY: Yes, your Honour, section 170LL.

PN194

THE VICE PRESIDENT: And was the agreement made before the employment of any of the persons who will be necessary for the normal operation of that part of the business, and whose employment will be subject to the agreement?

PN195

MR COONEY: Yes, your Honour.

PN196

THE VICE PRESIDENT: And is your organisation entitled to represent the industrial interests of one or more persons whose employment is likely to be subject to the agreement in relation to work that will be subject to the agreement?

PN197

MR COONEY: Yes, your Honour.

PN198

THE VICE PRESIDENT: Would certification of the agreement result on balance in a reduction in the overall terms and conditions of employment of the employees covered by the agreement?

PN199

MR COONEY: No, your Honour.

PN200

THE VICE PRESIDENT: I note there is a dispute settlement clause in clause 11, and a nominal expiry date specified. In relation to termination of employment, are any provisions of the agreement inconsistent with a provision of Division 3 of Part VIA, an order by the Commission under that Division, or any injunction granted or any order made by the Court under that Division?

PN201

MR COONEY: No, your Honour.

PN202

THE VICE PRESIDENT: In relation to negotiating conduct, are there any matters under section 170LU(3) which would lead me to refuse to certify the agreement?

PN203

MR COONEY: No, your Honour.

PN204

THE VICE PRESIDENT: In relation to discrimination, do any provisions of the agreement discriminate against an employee whose employment will be subject to the agreement because of or for reasons including race, colour, sex, sexual preference, age, political opinion, national extraction or social origin?

PN205

MR COONEY: No, your Honour.

PN206

THE VICE PRESIDENT: Does the agreement contain any objectionable provisions within the meaning of section 170LU(2)A?

PN207

MR COONEY: No, your Honour.

PN208

THE VICE PRESIDENT: Anything further?

PN209

MR COONEY: No.

PN210

THE VICE PRESIDENT: I am satisfied the agreement complies with the requirements of the Act and I will issue a certificate certifying the agreement. I will adjourn that matter.

ADJOURNED INDEFINITELY [1.05pm]