C2410/400, Transcript of Proceedings [2001] AIRCTrans 1209 (21 June 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 7684

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C No 24104 of 2000

AUSTRALIAN LIQUOR HOSPITALITY AND
MISCELLANEOUS WORKERS UNION

and

A. AND K. BLASCH PTY LTD
and OTHERS

Notification pursuant to section 99 of the Act
of an industrial dispute re log of claims

MELBOURNE

2.21 PM, TUESDAY, 29 MAY 2001

Continued from 4.5.01

PN162

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Frenzel.

PN163

MS R. FRENZEL: Thank you, your Honour. The Commission should have the file a letter of 8 May from the LHMU requesting this matter be re-listed, with respect to two of the companies, being Skyways Cleaning Pty Ltd and A. and K. Blasch Pty Ltd.

PN164

THE SENIOR DEPUTY PRESIDENT: Yes.

PN165

MS FRENZEL: I might indicate that we did attach a copy of the letter that we sent to Skyways to our request of 8 May for the matter to be relisted.

PN166

THE SENIOR DEPUTY PRESIDENT: Yes.

PN167

MS FRENZEL: But just for the sake of completeness I might seek to tender an extract of our mail book which shows the express post reference with respect to Skyways.

EXHIBIT #F4 EXTRACT OF MAIL BOOK

PN168

MS FRENZEL: Now, your Honour, we did write to Skyways. We did ask them to clarify the situation with respect to what they had previously indicated about the rates of pay and conditions of employment they afforded to their employees. The unfortunate fact of life is, your Honour, that we do not have a response from them. Can I indicate at this point in time with respect to Skyways that our initial view expressed in our letter of demand that non-reply to the demand essentially means that we are in dispute ought be relied upon with respect to the matter of Skyways.

PN169

THE SENIOR DEPUTY PRESIDENT: Well, indeed, together with this letter, Ms Frenzel, they have not clarified the position.

PN170

MS FRENZEL: No, they have not.

PN171

THE SENIOR DEPUTY PRESIDENT: In my view evidence of a dispute does exist.

PN172

MS FRENZEL: Thank you. With respect to A. and K. Blasch, I notice that the Commission also notified A. and K. Blasch of this hearing today according to the notice of listing we received. I might indicate that when I was previously before your Honour I made the observation that, in fact, A. and K. Blasch had been properly served with respect to the log of claims, but in fact it was the notice of listing that had come back by return post.

PN173

THE SENIOR DEPUTY PRESIDENT: Yes.

PN174

MS FRENZEL: Accordingly given that they have been properly served with respect to the log and now have been, if you like, served indeed by the Commission with respect to the matters of listing, I would ask that a dispute be found against A. and K. Blasch as well.

PN175

THE SENIOR DEPUTY PRESIDENT: Yes.

PN176

MS FRENZEL: Your Honour, I think with respect to outstanding matters that the union has, they are the only two outstanding employers in this matter. If the Commission pleases.

PN177

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Frenzel. Well, I indicate that on the basis of the correspondence now received I will join A. and K. Blasch Pty Ltd as a respondent to the dispute, and I will join Skywest Cleaning Australia Pty Ltd as a respondent to the dispute.

PN178

MS FRENZEL: Skyways, your Honour.

PN179

THE SENIOR DEPUTY PRESIDENT: Skyways, sorry, I can't read my own writing - a respondent to the dispute. The decision in relation to the other two matters will also be published expeditiously. We will adjourn on that basis.

ADJOURNED INDEFINITELY [2.25pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #F4 EXTRACT OF MAIL BOOK PN168