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AG2005/ 403 , Transcript of Proceedings [2005] AIRCTrans 1299 (10 June 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11738-1

SENIOR DEPUTY PRESIDENT ACTON

AG2005/ 403 

APPLICATION BY AUSTRALIAN HIGHWAY PLANT SERVICES PTY LTD T/AS AH PLANT
s.170LK - Agreement with employees (Division 2)
(AG2005/ 403 )

MELBOURNE

2.05PM, MONDAY, 30 MAY 2005

PN1

THE SENIOR DEPUTY PRESIDENT: This matter is an application by Australian Highway Plant Services Pty Ltd, trading as AH Plant, in respect of the AH Benalla certified agreement 2005 - 2008.

PN2

MR J DOUGLAS: If the Commission pleases, I seek leave to appear for
AH Plant.

PN3

THE SENIOR DEPUTY PRESIDENT: Your surname?

PN4

MR DOUGLAS: Douglas, J.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Douglas?

PN6

MR DOUGLAS: Your Honour, this application is for the certification of agreement under section 170LK, in accordance with the requirements of the Act the obligations under section 170LK and at LT, we submit have been met as set out in the statutory declaration which were filed with the agreement and on that basis we seek the certification of the agreement.

PN7

THE SENIOR DEPUTY PRESIDENT: Mr Douglas, this agreement doesn't apply to the company?

PN8

THE DEPUTY PRESIDENT: Where does it say that, your Honour?

PN9

THE SENIOR DEPUTY PRESIDENT: Clause 3:

PN10

This agreement shall apply to all employees in respect of its operation.

PN11

MR DOUGLAS: Yes, your Honour, I take your point. It was intended that it applied to all employees and the company in respect of its operations at that depot.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes, but that's not what it says.

PN13

MR DOUGLAS: On that basis, your Honour, we seek that we give you an undertaking which required by the Act - - -

PN14

THE SENIOR DEPUTY PRESIDENT: You can only give me an undertaking if I've got a valid application before me, and to have a valid application before me, I have to have an agreement between the employer and employees. I don't have an agreement between the employer and employees.

PN15

MR DOUGLAS: Your Honour, would it be acceptable if we were to amend the agreement and then have that submitted to you?

PN16

THE SENIOR DEPUTY PRESIDENT: I think you're going to have to do it again. You're going to have to go and vote again because I don't have a valid application.

PN17

MR DOUGLAS: If your Honour pleases.

PN18

THE SENIOR DEPUTY PRESIDENT: While you're doing it though, if you're going to do it again - clause 5 doesn't name the award, is it the Metals Award mentioned in clause 3?

PN19

MR DOUGLAS: Yes, your Honour, as set out in the statutory declaration.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes, okay, and clause 14.1; is the role of the Commission there, conciliation and arbitration?

PN21

MR DOUGLAS: Yes, it would be your Honour, in accordance with the provision of the Act.

PN22

THE SENIOR DEPUTY PRESIDENT: Thank you. In light of the fact that I don't have a valid application before me, I will dismiss the application.

PN23

MR DOUGLAS: I take it that that applies for the other agreements that are also before you, your Honour?

PN24

THE SENIOR DEPUTY PRESIDENT: Do they all suffer from the same problem? It looks like it. I might add that that one had draft on the front cover too, you might want take that off from there and re-do it.

PN25

MR DOUGLAS: So, in effect, that's the only change, your Honour?

PN26

THE SENIOR DEPUTY PRESIDENT: Yes, I might add, I don't think that other agreement was signed either by the company? Are they all the same these agreements?

PN27

MR DOUGLAS: In substance they are, your Honour, yes.

PN28

THE SENIOR DEPUTY PRESIDENT: Yes, they all suffer from the same problem then, Mr Douglas.

PN29

MR DOUGLAS: Your Honour, just on that last point; the documents I have are all signed.

PN30

THE SENIOR DEPUTY PRESIDENT: The one I've got, who would sign it - - -

PN31

MR DOUGLAS: They were filed, they were filed electronically.

PN32

THE SENIOR DEPUTY PRESIDENT: No, I've got one that's signed, but it's signed by employees, not by the company.

PN33

MR DOUGLAS: Yes, the ones I have, anyway. In any event, your Honour, I take your point and we'll go through the process.

PN34

THE SENIOR DEPUTY PRESIDENT: Okay. I will dismiss the application AG2005/404 as it's not an agreement between employers and employees and for similar reasons I will dismiss the application AG2005/405 which is in respect of AH Plant Bairnsdale.

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