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AG2004/ 1783 , Transcript of Proceedings [2004] AIRCTrans 1369 (7 April 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6599

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2004/ 1783 
AG2004/1784

APPLICATION FOR CERTIFICATION
OF AGREEMENTS

Application under section 170LJ of the Act
by Roche Thiess Linfox Joint Venture and Another
for certification of various agreements

MELBOURNE

10.56 AM, THURSDAY, 4 MARCH 2004

AG2004/ 1783 

RTL AND CFMEU BASSLINK VICTORIAN ENTERPRISE
BARGAINING AGREEMENT 2003-2006

PN1

MR G. GOSLING: I appear on behalf of the Roche and Thiess Linfox Joint Venture.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Do you appear in the next matter as well, Mr Gosling?

PN3

MR GOSLING: I do appear in the next matter also, your Honour.

PN4

THE SENIOR DEPUTY PRESIDENT: Well, we will call that and get them dealt with together.

AG2004/1784

ROCHE AND THIESS LINFOX JOINT VENTURE
(RTL) AND CFMEU CIVIL CONSTRUCTION INDUSTRY
COLLECTIVE BARGAINING AGREEMENT 2002-2005

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, we will take it you appear in that one as well, and, Mr Gosling, you go ahead.

PN6

MR GOSLING: Thank you, your Honour. Your Honour, these are applications lodged by the Roche and Thiess Linfox Joint Venture in respect of part of the business of that operation in carrying out civil construction work on one hand, and on the second, in relation to the Basslink inter-connector project on the other. Your Honour, I have just noticed that these applications, similarly, were lodged out of time by one day.

PN7

The only explanation for that, your Honour, is that they were caught up in the same problems with the CFMEU offices. It would appear that there is 22 days between the date of the vote being taken by the employees and the lodgment of the application, and we would therefore seek the exercise of your discretion under section 111(1)(r) for an extension of time with respect to that matter.

PN8

Your Honour, the applications were lodged with the necessary statutory declarations by both parties, and it is my submission that all of the relevant requirements of the Act have been complied with in respect to the no disadvantage test, that the valid majority of employees have voted on the agreement, there is a necessary nominal expiry date of no more than three years, there is a dispute settlement procedure, and that the agreement was made available at the appropriate time and properly explained to all of the employees.

PN9

Subject to any questions that the Commission may have, we believe that the agreements do satisfy the requirements of the Act, and seek the Commission's certification of both of the relevant agreements. If it please the Commission.

PN10

THE SENIOR DEPUTY PRESIDENT: These are applications for certifications of two agreements under the provisions of the Workplace Relations Act 1996, being agreements between the Roche and Thiess Linfox Joint Venture and the CFMEU. I have to say, Mr Gosling, that our mathematics are not quite the same as yours. We were not aware that these were out of date by one day. But insofar as it is necessary, and in the circumstances of what you have outlined this morning, I am prepared to grant an extension of time for the lodging of each of the applications, and I grant such an extension to the date upon which each of those applications were so lodged.

PN11

On the basis of the statutory declarations filed by the parties to the agreement, and the submissions made this morning, I am of the view that having regard to the applicable provisions of the Act, I am required to certify each of the agreements. An appropriate certification will therefore be issued in each application as soon as possible, and each application is adjourned on that basis.

ADJOURNED INDEFINITELY [11.00am]