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AG2008/ 1296 , Transcript of Proceedings [2008] AIRCTrans 703 (6 November 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19245-1

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2008/ 1296 

cl.2A(1)(b) Sch. 7 - Application for an order to vary pre-reform certified agreement

Snow Brand Australia Pty Ltd T/A Snow Brand Australia Pty Ltd - Infant Formula Division
and
National Union of Workers
(AG2008/ 1296 )
Snow Brand Australia Pty Ltd Infant Formula Division and National Union of Workers Certified Agreement 2005

(ODN AG2005/6517)
[AG843474 Print PR963938]]




Melbourne

11.32AM, TUESDAY, 28 OCTOBER 2008

PN1

MR A DALTON: I appear for the Australian Industry Group representing the company in this matter and with me today is MR L SEDDON from the company.

PN2

MS K TRAN: I appear on behalf of the National Union of Workers.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Tran. Yes, Mr Dalton.

PN4

MR DALTON: Thank you, your Honour. In this matter Snow Brand Australia Pty Ltd seeks to vary the Snow Brand Australia Pty Ltd Infant Formula Division and National Union of Workers Certified Agreement 2005 pursuant to schedule 7 part 2 clause 2(a), 1(a) and (b) of the Workplace Relations Act 1996 following the enactment of the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 which took effect on 28 March 2008. The company has prepared and provided to the Commission a number of documents in support of this application. I don't intend to go through a long winded submission, your Honour.

PN5

The documents have been with the Commission for a while now and I understand that you've had an opportunity to peruse those documents and there is an application for an order to vary an approved form agreement. There is a statutory declaration, there is a copy of the agreement as varied, the draft order includes all the changes that have been proposed to be made to the agreement. We say that the parties to this application have genuinely agreed to the variations proposed. The matters were negotiated by the company with the union representing the employees who are members of the union. The proposed varied agreement was made available to the employees and a vote was taken of the employees. I understand that vote was taken by the union, so I believe everything is in order there.

PN6

The variation was approved by a valid majority of employees. None of the parties have after 13 February 2008 organised or engaged in or threatened to organise or engage in industrial action in relation to another party to the agreement or applied for a protection action ballot under section 451 of the Act in relation to proposed industrial action. The agreement as varied, we submit, would not result on balance in a reduction in the overall terms and conditions of employment of the employees bound by the agreement and the period of operation is specified in the variation. Given that, your Honour, we would request that the order be granted in the terms sought, unless there are any questions.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, just one moment. What's the date to which it is to be extended?

PN8

MR DALTON: The variation to take effect on certification by the Commission and shall remain in force until 30 April 2011.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, that's not beyond three years. Yes, I have a page that is signed by the parties that talks about union meetings and so on. What's that? It doesn't seem to be part of the - is that a side agreement, is it? I'm not quite sure why I have crosses.

PN10

MR DALTON: My instructions are that that's just the signature page with the original with the signatures on it, as I understand it. I'm just looking for the page, your Honour. This is not an agreement which I have had former involvement. Yes, I believe that they've just put the page here in front of me. Clause 40 operation of the agreement.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, I see.

PN12

MR DALTON: And that is the paragraph that relates to clause 40 and then the signatories are underneath that.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes. Is that the agreement as varied and extended? That's part of that, is it? It's just odd to have a page out of the blue, as it were.

PN14

MR DALTON: Yes, I think it's just actually ..... I think it's actually just poor formatting, your Honour, in terms of looking at the document that's in front of me, actually I think my document that I've got in front of me is the one with the changes.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes, I don't have one. I have a marked up copy with the changes tracked. I don't have a copy of the agreement as amended and varied without tracked changes in it.

PN16

MR DALTON: Okay.

PN17

THE SENIOR DEPUTY PRESIDENT: Which I take it that you now tell me that the signature page should be the last page of?

PN18

MR DALTON: I'm just looking to see in my documents if I've got the varied copy. My colleague from the NUW has been able to provide me for a copy. I do apologise we didn't have one there.

PN19

THE SENIOR DEPUTY PRESIDENT: That's the .....

PN20

MR DALTON: I can arrange for one to be emailed, your Honour, in terms of that. I know that that's in landscape format and that's probably not suitable for the Commission in terms of providing the document on the website.

PN21

THE SENIOR DEPUTY PRESIDENT: What I should have is the agreement with the first 39 clauses as well as the 40th and 41st clause.

PN22

MR DALTON: Yes, I'm not sure why that wasn't provided, your Honour. And as I say, I'm happy to make that available today, get that email across to your associate. And I have provided the signature, the original signature page.

PN23

THE SENIOR DEPUTY PRESIDENT: Yes. You can see the difficulty with that, Mr Dalton. I have a page with some signatures on it that's not attached to anything else.

PN24

MR DALTON: I do apologise, your Honour.

PN25

THE SENIOR DEPUTY PRESIDENT: You could attach this to anything.

PN26

MR DALTON: I do apologise in terms of that.

PN27

THE SENIOR DEPUTY PRESIDENT: I will give this back to you and what I'd ask is that you provide an original copy, not by email, file an original hard copy with the signatures attached to it. I'll hand that back to you and ask that that be provided.

PN28

MR DALTON: Thank you, your Honour. I'll get that organised today.

PN29

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN30

MR DALTON: The Commission pleases.

PN31

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Tran.

PN32

MS TRAN: Your Honour, the NUW will with the company and ARG just to sort out the document and I suppose we'll just submit it to your chambers and await instructions from your Honour.

PN33

THE SENIOR DEPUTY PRESIDENT: Yes. Otherwise you support the application?

PN34

MS TRAN: Yes, of course.

PN35

THE SENIOR DEPUTY PRESIDENT: Yes. Well, having read the documents and having these discussions with the parties I am satisfied that the application meets the requirements of the Act and I will extend and vary the agreement as sought. The order will operate from today's date. I order that the agreement be extended and varied in terms of the draft that has been provided and I note that a final document without the tracked changes will also be provided. The order will operate from today's date. Adjourn the Commission please.

<ADJOURNED INDEFINITELY [11.40AM]