PR932312 AG822899 PR932312 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.170LK certification of agreement Feliciter Pty Ltd (AG2003/1241) SES INDUSTRIAL SERVICES ADELAIDE BRIGHTON CEMENT ENTERPRISE AGREEMENT 2003 Metal industry COMMISSIONER REDMOND SYDNEY, 30 MAY 2003 Certification of Division 2 agreement with employees. DECISION [1] This is an application to certify an agreement pursuant to section 170LK in Division 2 of Part VIB of the Workplace Relations Act 1996 (the Act). The proposed Agreement is to be known as the SES Industrial Services Adelaide Brighton Cement Enterprise Agreement 2003. [2] Having heard the parties' submissions, which are recorded on transcript and form part of the file in respect of this application, and having examined the statutory declaration provided by Mr Christopher Mark Roy Van De Meulengraaf, Managing Director, and the statutory declaration of Mr Troy Lawrence Nykiel of Feliciter Pty Ltd trading as SES Industrial Services: · The Commission is satisfied the relevant requirements of the Act, and the Australian Industrial Relations Commission Rules 1998 (the Rules), have been met. Specifically, the Commission is satisfied that · the proposed Agreement has been entered into in a manner consistent with the Act's requirements; · the employees have been given the relevant notice of the intention to enter into an agreement or to make an agreement; · the terms of the proposed Agreement - on the submissions of the elected employee representative - were explained in an appropriate way to all the employees who are to be covered by it; and · the proposed Agreement has been approved by a valid majority of employees at the relevant time. · The application has been lodged within the time period prescribed by section 170LM(2)(b) of the Act. · Further, the Commission is satisfied that Feliciter Pty Ltd is a constitutional corporation and a single business to be covered by the proposed Agreement, and that the proposed Agreement applies only to that organisation. · Following discussion of the proposed Agreement as compared to the relevant terms of the award that applies to the work carried out by the company, along with the statements made in the accompanying statutory declaration, the Commission finds that the proposed Agreement meets the No Disadvantage Test as defined in the Act in that there is to be no reduction in the overall terms and conditions of employment specified in the award which now covers employees covered by this proposed Agreement. · The proposed Agreement contains the necessary dispute settlement procedure and specifies a nominal expiry date in accordance with the Act's requirements, being twelve months from the date of certification. · The proposed Agreement contains no provisions in it that are inconsistent with Division 3 of Part VIA, nor does it contain any provision of the nature identified in section 170LU(2A) of the Act, nor has there been any conduct of the nature identified in section 170LU(3) of the Act which would prevent the Commission from certifying it. [3] The Commission therefore indicates that the proposed Agreement will be certified with effect from 7 May 2003, the date of hearing, and is to operate in accordance with its terms, remaining in force for a period of twelve months. BY THE COMMISSION: COMMISSIONER Appearances: R. Manuel of EMA Legal, for Feliciter Pty Ltd with C. Van De Meulengraaf. T. Nykiel for the employees. M. Emmerson of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (intervening). Hearing Details: 2003. Adelaide; May 7. Printed by authority of the Commonwealth Government Printer <Price code A>