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TRANSCRIPT OF PROCEEDINGS

O/N 15230

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT LAWLER

AG2004/7918

APPLICATION FOR CERTIFICATION

OF AGREEMENT

Application under section 170LJ of the
Act
by Australian Postal
Corporation and Others
for
certification of the Australia Post
Enterprise Agreement 2004

SYDNEY

2.35 PM, WEDNESDAY, 24 NOVEMBER
2004

Continued from 27.10.04

THIS PROCEEDING WAS CONDUCTED BY VIDEOLINK
IN SYDNEY

PN328

THE VICE PRESIDENT: Mr Reitano, Mr Tehan, Mr
Barnes and is it Mr Pandolfo for the AMWU?

PN329

MR C. PANDOLFO: That is correct.

PN330

THE VICE PRESIDENT: I have come to the view
that, in the light of the - if I might say so - compelling submissions I have
received from Minter Ellis on behalf of Australia Post that I ought certify
the agreement. I hope you don't feel too disappointed by that, Mr Reitano.
Consequently, I take it there is no need to initiate the conciliation in
respect of the matter BP2003/7192?

PN331

MR REITANO: No, Your Honour.

PN332

THE VICE PRESIDENT: This is an application for
certification of the Australia Post Enterprise Agreement 2004 to 2006. An
agreement made pursuant to section 170LJ of the Workplace Relations Act. I am
satisfied that the formal requirements of the Act have been met. In particular
I am satisfied that the application is in relation to an agreement that
conforms with the requirements of section 170LI of the Act. I had at an
earlier time indicated concern about a number of clauses. Those clauses were
addressed in argument on an earlier occasion. The only clauses that remained a
particular concern were clauses 9.4 to 9.15.

PN333

For reasons which I will articulate in a
written decision in due course, but which essentially adopt the reasoning in
the submissions made on behalf of Australia Post by Minter Ellison today, I am
satisfied that those clauses when properly read in the context of the
agreement as a whole and the context of this particular employer/employee
relationship - that is, Australia Post in its capacity as employer and
Australia Post's employees in their capacity as employees - and in the
particular factual context it is proper to conclude that those clauses are
about job security and therefore are about a matter that pertains to the
requisite relationship.

PN334

I am satisfied that the no disadvantage test
is met and that the other formal requirements of the Act have been met and I
certify the agreement. It will come into force today and remain in force until
31 December 2006. A formal certificate will issue.

PN335

I take it nothing further is required? Thank
you very much. It is unfortunate that you were all dragged back here but that
was a function of having only being persuaded latterly. The Commission is
adjourned.

ADJOURNED INDEFINITELY
[2.38pm]