C2001/2536, Transcript of Proceedings [2001] AIRCTrans 1278 (26 June 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2001/2536

THE AUSTRALIAN WORKERS' UNION

and

BENDIGO GREYHOUND RACING
ASSOCIATION

Notification pursuant to section 99 of the
Act of a dispute re wages and conditions
for the sportsground maintenance industry

SYDNEY

12.45 PM, TUESDAY, 5 JUNE 2001

PN1

THE SENIOR DEPUTY PRESIDENT: Yes, good morning, may I have the appearances in this matter.

PN2

MR G. BEARD: If it please your Honour, I appear on behalf of the Australian Workers Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Beard. Yes, you proceed, Mr Beard.

PN4

MR BEARD: Thank you, your Honour. There is only one party subject to today's hearing and they were forwarded with details concerning today's hearing. The correspondence was forwarded on 17 May this year by registered post and a statement to that effect together with the receipt for registered post have been prepared for your file. The brief details of the dispute are that on 1 May this year the union served Bendigo Greyhound Racing Association a letter of demand, a log of claims, and included in the correspondence forwarded was also the information sheet which is form R5 and rule 16 of the rules and regulations.

PN5

The correspondence prescribed wage rates allowances and working conditions for the employer to apply to the employees engaged in a sportsground maintenance industry. The party was asked to contact the union within seven days to inform the union they would agree to apply those demands, there was no response from the company on 8 May, a formal notification of dispute was filed at the Sydney registry. You will note in the dispute notification, your Honour, that schedule A is the receipt for registered post in regard to the service of the letter of demand and log of claims; schedule B is a copy of the letter of demand and the log. Schedule C, is a statement signed by myself as to the correct service of those documents. Schedule C, is a statement signed by the national secretary of the union stating that the log of claims was forwarded in accordance with the rules of the union.

PN6

The employer, subject to today's matter, your Honour, obviously is in Victoria and therefore the Commission has a jurisdiction to deal with this single party. Before I go on your Honour I also understand that you have in fact received correspondence from Mr Phil Everheart from the Victorian Employers Chamber of Commerce and Industry on behalf of the employer and you will note that essentially Mr Everheart states that whilst his member rejects the log of claims they have no objection to a dispute being found and on that basis I would ask that due to the non-acceptance by the company to the union's demands I ask that you formally find and record the existence of a dispute in accordance with 101 of the Act and direct the parties to confer. If it please, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Beard. I indicate for the transcript that the Commission has received a letter from the Victorian Employers Chamber of Commerce and Industry acting on behalf of this member, the Bendigo Greyhound Racing Association and apologising for their inability to attend this morning's hearing. They asked that the following matters be placed on the record; 1, a notice of demand and log of claims has been forwarded to the Bendigo Greyhound Racing Association to the terms and conditions of employment demanded in the log are rejected and an industrial dispute can be found within the meaning of the Industrial Relations Act between the Australian Workers Union and Bendigo Racing Association, and 4, all rights and obligations under the Act are reserved with respect to any future applications made by the AWU with respect to the matter.

PN8

The letter also asks that these matters be recorded in the transcript and that the letter be placed on the file which I will do. On the basis of that material before me I'm satisfied there is in existence an industrial dispute between the Australian Workers Union on the one part and the Bendigo Greyhound Racing Association of Lloyds Raceway Maciber Road, Junaortoun, Victoria. On the other part, the subject matter of the industrial dispute are the matters set out in the letter of demand and log of claims served by the Australian Workers Union on the Bendigo Greyhound Racing Association and dated 1 May 2001.

PN9

The dispute exists in the state of Victoria and is a dispute within the meaning of the Act as a result of the operation of section 493 of the Act. A formal finding to that effect will be made and the finding will be placed on the file. Mr Beard, what do you want a directions - to confer?

PN10

MR BEARD: Just to confer, your Honour, yes.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes. Well, the parties are directed to confer and we will as requested forward a copy of the transcript of these proceedings to the Victorian Employers Chamber of Commerce and Industry. We will adjourn on that basis.

ADJOURNED INDEFINITELY [12.51pm]