legal/union

Nylex mentioned a ruling by some like the one below, I think this is it.
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AG832436  PR966043

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
s.170MG termination of certified agreement

National Union of Workers
(AG2005/7355)

EXACTO PLASTICS SA CERTIFIED AGREEMENT
(AG2004/192)
[AG832436  PR943957]

Rubber, plastic and cable making industry

senior deputy president o’callaghan adelaide 5 december 2005


Termination of certified agreement

ORDER

A. In accordance with s.170MG of the Act the above agreement is hereby terminated.

B. This order shall come into force from 2 December 2005.


BY THE COMMISSION:



SENIOR DEPUTY PRESIDENT




Printed by authority of the Commonwealth Government Printer




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AG832436 PR943957

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1996
s.170LJ Agreement with organisations of employees (Division 2)

Exacto Plastics andNational Union of Workers
(AG2004/192)

EXACTO PLASTICS SA CERTIFIED AGREEMENT
##Rubber, plastic and cable making industry



SENIOR DEPUTY PRESIDENT O’CALLAGHAN
ADELAIDE 20 FEBRUARY 2004



PREAMBLE

This is an application pursuant to section 170LJ of the Workplace Relations Act 1996 , (‘the Act’) for the certification of an agreement known as the Exacto Plastics SA Certified Agreement (‘the agreement’).

The application was heard by me in Adelaide on 18 February 2004. On the basis of the statutory declarations filed by the parties to the agreement and the submissions made at the hearing, I am satisfied that the relevant requirements of the Act and the Rules have been met.


CERTIFICATION OF AGREEMENT

In accordance with section 170LT of the Workplace Relations Act 1996 , the Commission hereby certifies the attached written agreement.

The certification of the agreement was the subject of a previous application in AG2003/9305. That application was heard by me on 9 December 2003. At the hearing I advised the parties that I was not able to certify the agreement, as the requirements of the Act with respect to the voting process had not been met. The parties were advised that if they repeated the voting process I would expedite the hearing of the matter.

At the hearing on 9 December 2004 I sought clarification of a number of issues in relation to the agreement. In particular:

• clause 5 Period of Operation and sub clause 5.2
• clause 9.1 Relationship to Parent Award
• clause 12 Consultative Mechanism
• clause 14 Procedures for the Avoidance of Industrial Disputes and sub clause 14.1.4
• clause 16.4 Casuals not employed directly by the Employer
• clause 20.12 Transmission of Business and sub clause 20.12.4
• clause 21.6 Disputes settlement procedures - Unfair dismissals
• clause 23.2 Supported Wage Rates
• clause 32.3 Hours of Work - Continuous work and sub clause 32.3.2(f)(i)
• clause 36.3.3 Piece Workers
• clause 37.6.8(a)
• clause 37.10
• clause 41.8 Public Holidays and RDO’s - Day Work
• clause 42.3
• clause 47.2
• Appendix A
• Appendix B Enterprise Bargaining Issues
• Appendix C Exacto Plastics Twelve Hour Shifts - Agreement 1997
• Appendix D - Wages Schedule


A fresh application was filed in the Commission on 11 February 2004. This application was heard on 18 February 2004. At the hearing the parties were advised the Commission noted that a number of the issues raised at the previous hearing with respect to the agreement, had been addressed and that where they had not, the clarification provided at the previous hearing with respect to various clauses was noted.

The Commission sought further clarification of two clauses at the hearing on 11 February 2004, namely:

• clause 14.1.4 ands the role of the Commission or Tribunal
• the wages schedule


At the hearing the parties were advised that if in future clarification is required of any of the issues raised at either the hearing on 18 February 2004 or the hearing on 9 December 2003, they should refer to the transcript of the proceedings.

This agreement shall come into force from 18 February 2004 and shall remain in force until 1 December 2006.

BY THE COMMISSION:

.......................etc......