C2001/225, Transcript of Proceedings [2001] AIRCTrans 1473 (11 July 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, MLC Court 15 Adelaide St BRISBANE Qld 4000
(PO Box 38 Roma St Brisbane Qld 4003) Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

C2001/225

TRANSPORT WORKERS UNION OF AUSTRALIA
AND ABT TRANSPORT PTY LTD and OTHERS

and

ABT TRANSPORT PTY LTD

Application under section 111AAA of the Act
to cease standing industrial dispute

BRISBANE

10.20 AM, WEDNESDAY, 20 JUNE 2001

PN1

THE SENIOR DEPUTY PRESIDENT: Mr Smith?

PN2

MR SMITH: Your Honour, perhaps if we could off transcript for a moment. There are just some procedural matters that I would like to - - -

PN3

THE SENIOR DEPUTY PRESIDENT: Any problems with that, Mr Duffin?

PN4

MR DUFFIN: No, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: We will go off-transcript.

OFF THE RECORD

RESUMED [10.20am]

PN6

THE SENIOR DEPUTY PRESIDENT: May I have appearances in this matter?

PN7

MR M. B. SMITH: I appear instructed by the Queensland Chamber of Commerce and Industry Limited appearing for ABT Transport.

PN8

MR L. DUFFIN: I appear on behalf of the Transport Workers Union of Australia and with me is MS J. TISDALE.

PN9

THE SENIOR DEPUTY PRESIDENT: Mr Smith?

PN10

MR SMITH: Your Honour, in relation to section 111AAA application we'd be seeking leave to withdraw our application.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes. Any objection, Mr Duffin?

PN12

MR DUFFIN: No, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes. Right, well, that application has been withdrawn and I don't need to deal with it further. Where do we go from here then? I suppose I ask the TWU that?

PN14

MR DUFFIN: Yes. Your Honour, we would seek that a dispute be found as between the TWU and ABT Transport and also that they be roped into the Transport Workers Long Distance Drivers Award 2000. I have a copy of the draft order that we'd be seeking the Commission make here today. I've shown this to my friend and in fact I think they've previously received a copy of this.

PN15

THE SENIOR DEPUTY PRESIDENT: All right. Is there in existence a finding of dispute already in this matter already - - -

PN16

MR DUFFIN: No, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: - - - in this matter?

PN18

MR DUFFIN: No.

PN19

THE SENIOR DEPUTY PRESIDENT: No, in relation to other employees that were logged? Do you want to vary that finding of dispute or what do you want me to do?

PN20

MR DUFFIN: That would be an appropriate way of dealing with it I think, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: Do you have a view on that one way or the other, Mr Smith?

PN22

MR SMITH: No, your Honour.

PN23

THE SENIOR DEPUTY PRESIDENT: All right. Well, let us deal with that matter first. 10 January, letter of demand, was it? I think.

PN24

MR DUFFIN: That's right, yes.

PN25

THE SENIOR DEPUTY PRESIDENT: All right. Good. Yes. In this matter I have formed the view that there exists an industrial dispute. The parties to the dispute are the TWU on the one hand and ABT Transport Pty Ltd on the other. That dispute arises out of a letter of demand dated 10 January 2001 and a log of claims attached thereto. I note from the file that ABT Transport was one of a number of employees served with the same letter of demand on the same day to which the same log of claims was attached. I have already made a finding of dispute and reduced it to writing on 9 March 2001.

PN26

I am of the view that it is appropriate that I vary that finding of dispute by adding to the employers there found to be in dispute, ABT Transport Pty Ltd. A variation to the finding of dispute will be reduced to writing and a copy will be provided to the parties. I have now been provided with a draft order, TWU6, it is seeking to rope in ABT Transport into the Transport Workers Long Distance Drivers Award 2000. I've simplified that award have I?

PN27

MR DUFFIN: Yes.

PN28

THE SENIOR DEPUTY PRESIDENT: All right. What do you want me to do about this, Mr Smith?

PN29

MR SMITH: I'm not quite sure what the - - -

PN30

THE SENIOR DEPUTY PRESIDENT: Well, have you had an opportunity to peruse the terms of the roping-in award that's sought?

PN31

MR SMITH: Yes, we have, your Honour.

PN32

THE SENIOR DEPUTY PRESIDENT: All right. Do you want to say something about those terms or the operative date? In the draft that I've received it's blank.

PN33

MR SMITH: Yes. Perhaps the operative date - considering the diversity of the operation of the company, it might be that some small delay for them to implement the requirements of the award - - -

PN34

THE SENIOR DEPUTY PRESIDENT: A week?

PN35

MR SMITH: - - - may be appropriate. A week or two.

PN36

THE SENIOR DEPUTY PRESIDENT: Mr Duffin?

PN37

MR DUFFIN: We'd have no difficulty with that, your Honour.

PN38

THE SENIOR DEPUTY PRESIDENT: All right. Yes. Anything else?

PN39

MR SMITH: Nothing else, your Honour.

PN40

THE SENIOR DEPUTY PRESIDENT: I have formed the view - I'll mark this first. The draft order sought by the TWU will become exhibit TWU1.

EXHIBIT #TWU1 DRAFT ORDER SOUGHT BY THE TWU

PN41

THE SENIOR DEPUTY PRESIDENT: I am satisfied that it is appropriate that a roping-in award in the terms of exhibit TWU1 should issue. I am satisfied it is consistent with the wage fixation principles and the provisions of the Act. The award to be known as the Transport Workers Long Distance Drivers Roping-In Number 4 Award 2001 will be made. It will come into operation from the first pay period commencing on or after 27 June 2001 and remain in force for a period of six months. We will reduce the award to writing, seal and sign it and provide a copy of it to each of the parties. Do we need to do anything further on that matter?

PN42

MR DUFFIN: No, your Honour.

PN43

THE SENIOR DEPUTY PRESIDENT: All right.

ADJOURNED INDEFINITELY [10.26am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TWU1 DRAFT ORDER SOUGHT BY THE TWU PN41