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AG2009/ 1303 , Transcript of Proceedings [2009] FWATrans 379 (28 June 2009)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 20351-1

COMMISSIONER WHELAN

AG2009/ 1303 

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

Bendigo Regional Institute of TAFE
and
National Tertiary Education Industry Union
(AG2009/ 1303 )
Bendigo Regional Institute of TAFE PACCT Certified Agreement 2005

(ODN AG2006/2384)
[AG846847 Print PR968990]]




Melbourne

10.11AM, FRIDAY, 22 MAY 2009

PN1

MR J ANDREWS: For the Bendigo Regional Institute of TAFE and with me MR B DUNCAN.

PN2

THE COMMISSIONER: Thank you, Mr Andrews.

PN3

MS R MAY: And MS J BOURKE appearing for the National Tertiary Education Union.

PN4

THE COMMISSIONER: Thank you. Right. Mr Andrews, in support of this application I have before me a statement made by Dr Louise Harvey on behalf of the Bendigo Regional Institute of TAFE and also signed by Matthew McGowan on behalf of the National Tertiary Education Union. I also have a statutory declaration from Dr Louise Harvey in relation to the question of whether a valid majority of employees bound by the agreement have genuinely agreed to the variation. I have a copy of the order which sets out the proposed amendments to the existing agreement and I have a copy of the agreement. It will come into effect should I grant this order. I think there all the materials I should have?

PN5

MR ANDREWS: Yes, it is, Commissioner.

PN6

THE COMMISSIONER: And are there any changes or variations to those documents?

PN7

MR ANDREWS: No, there are not.

PN8

THE COMMISSIONER: All right then. Thank you. Ms May, is there anything you wanted to add?

PN9

MS MAY: Nothing to add, Commissioner. Thank you.

PN10

THE COMMISSIONER: Thank you. On the basis of the material that I have before me I am satisfied that the parties have agreed to the extension and variation of this agreement and that none of the parties have after 14 February 2008 organised or engaged in or threatened to organise or engage in industrial action and nor has there been an application made for a protection action ballot. I am further satisfied that on 6 May 2009 a valid majority of the employees bound by the agreement genuinely agreed to the extension and variation of the agreement and from my reading of the order as sought and the agreement as would come into operation, should the order be made, I am satisfied that the employees who are covered by this agreement would not suffer any diminishment in their terms and conditions of employment should the agreement be varied in accordance with that order.

PN11

On that basis the application will be granted. The effect of that will be that the nominal expiry date of the Bendigo Regional Institute of TAFE PACCT Staff Certified Agreement 2005 will be extended until 22 February 2011 and that the other variations to that agreement as set out in the order provided will also come into effect. The date of effect of that order will be today's date and copies of the order will be provided to the parties in due course. Mr Duncan, thank you for your attendance and you are excused.

PN12

MR DUNCAN: Thank you.

<ADJOURNED INDEFINITELY [10.14AM]