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AG2002/ 1692 , Transcript of Proceedings [2002] AIRCTrans 4722 (25 November 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

AG2002/ 1692 

APPLICATION TO TERMINATE AGREEMENT

Application under section 170MH by
the Transport Workers Union to terminate
the Transport Workers Dyers Transport
Enterprise Agreement 1994

SYDNEY

10.02 AM, TUESDAY, 12 NOVEMBER 2002

Adjourned sine die

THESE PROCEEDINGS WERE CONDUCTED BY VIDEO CONFERENCE IN SYDNEY

PN1

THE SENIOR DEPUTY PRESIDENT: There are no appearances here in Sydney. May I take appearances in Melbourne?

PN2

MS J. TISDALE: If the Commission pleases, I appear for the Transport Workers Union.

PN3

MR R. IRONMONGER: Your Honour, I appear for Dyers Transport.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you. Ms Tisdale, I listed this today following receipt of a letter from the union. It seems that, at least up to that stage, you hadn't been able to reach some agreement about a replacement for the time-expired agreement and I think now you wish to press for the termination of that agreement. Is that still the position?

PN5

MR IRONMONGER: Your Honour, I discussed with Ms Tisdale yesterday that I have instructions from the company that they have reached an agreement with their employees albeit they didn't get an agreement with the union. My instructions are that we won't oppose the cancellation of the EBA as and from today, your Honour. They believe the new agreement is above the award, I'm instructed, and there are no problems with the company being bound by the award. They don't intend to have the enterprise agreement they've reached certified at this point in time.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes. Ms Tisdale?

PN7

MS TISDALE: Thank you, your Honour. We would see that the old agreement be terminated from today's date or from a date close to today's date and we'll continue to discuss the matter of the current state of affairs with the company.

PN8

THE SENIOR DEPUTY PRESIDENT: All right. Well, even though I had listed the matter for mention and programming, I see no reason why I shouldn't now proceed to deal with it to finality. Do either of you wish to put a view to the contrary? It's not a matter where I can envisage any wider interest.

PN9

MR IRONMONGER: No, your Honour.

PN10

THE SENIOR DEPUTY PRESIDENT: Is this still the 1994 agreement, Ms Tisdale?

PN11

MS TISDALE: That could be right. The nominal expiry date was

PN12

30 June 1996, I believe, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, I see. This is an application for termination of a certified agreement which agreement has reached and passed its nominal expiry date. The application is made by the Transport Workers Union, a party to the agreement. I have formed the view that it is not contrary to the public interest to terminate the agreement and accordingly an order terminating the Transport Workers Dyers Transport Enterprise Agreement 1994 will issue. The order will come into effect on today's date, 12 November 2002 and will remain in force for a period of six months. We will try to issue the order as soon as possible and provide a copy to both of you. The Commission now adjourns.

PN14

MR IRONMONGER: Thank you, your Honour.

PN15

MS TISDALE: Thank you, your Honour.

ADJOURNED INDEFINITELY [10.06am]