C2001/3362, Transcript of Proceedings [2001] AIRCTrans 1630 (20 July 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2001/3362

AUSTRALIAN LIQUOR, HOSPITALITY
AND MISCELLANEOUS WORKERS UNION

and

CMC BUSINESS SERVICES, CLEANING
AND MAINTENANCE

Notification pursuant to Section 99 of the Act
of a dispute re wages and conditions in the
cleaning industry

SYDNEY

3.35 PM, TUESDAY, 3 JULY 2001

Adjourned sine die

PN1

THE SENIOR DEPUTY PRESIDENT: May I have the appearances please?

PN2

MS S. BELLINO: If it please the Commission, I appear on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers' Union.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Bellino, please proceed.

PN4

MS BELLINO: Thank you, your Honour. This is an application by the Australian Liquor, Hospitality and Miscellaneous Workers' Union pursuant to section 99 of the Workplace Relations Act of an alleged industrial dispute between the union and a number of employers that I would categorise as being in the cleaning industry. The dispute relates to the service and rejection or non-compliance with the terms of the log of claims served upon the employer and it is the union's intention to seek from today's proceedings a finding as to an industrial dispute pursuant to section 111 of the Act.

PN5

To assist the Commission in respect of the union's assertion that an industrial dispute exists I would seek to tender a bundle of documents which I wish to take the Commission to.

PN6

THE SENIOR DEPUTY PRESIDENT: Exhibit B1.

EXHIBIT #B1 BUNDLE OF DOCUMENTS

PN7

MS BELLINO: Thank you, your Honour. The first document is the statement as to service dated 8 June 2001 signed by Joanne Schofield, National Assistant Secretary. As set out in the statement of service, Assistant National Secretary, Tim Ferrari, caused to be sent by registered mail a letter of demand and log of claims to the employers set out in the registered post lodgement document which is in attachment A and dated 1 June 2001. The letter of demand requiring that the employer meet the claims within seven days or otherwise LHMU would notify the Commission of an industrial dispute. Attachment A is a registered post lodgement document reflecting the companies upon which service was affected.

PN8

The next document is a statement of service by Joanne Schofield, National Assistant Secretary dated 18 June 2001 that upon hearing of this matter that the notice of hearing and information sheet also was attached and forwarded to the persons identified in the registered mail receipts attached to those statements of service dated 18 June 2001. Your Honour, the only contact we've had from any of the companies in relation to this matter was that I did receive a phone call on 4 June 2001 from a Joy who was from Spinalee which is the fourth company, Spinalee Cleaning and Property Maintenance, essentially just asking what the matter was about.

PN9

I explained what the process was and also referred her to my Victorian Branch colleague, Ruth Frenzel, for further discussion. I did also receive a phone call from a Chris Brown who was from CMC Business Services Cleaning and Maintenance essentially asking the same questions. They confirmed that they had received the union's original material. I just essentially explained and outlined the process to them. We have received no further correspondence or contact to the best of my knowledge from any of the other employers.

PN10

On that basis, your Honour, it is the union's submission that an industrial dispute exists between the union and those employers served and notified and we would seek a finding of dispute in respect of those employers. The LHMU relies on the provisions of the Act and in particular section 493 in relation to a dispute being found arising out of a letter of demand dated 1 June 2001 and the log of claims that was attached, may it please the Commission.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Bellino. In this matter the Commission is satisfied that an industrial dispute exists between the ALHMU on the one part and CMC Business Services Cleaning and Maintenance of 120 Moray Street, South Melbourne, TIXU trading as Embarker General Cleaning Services of 32 Trentwood Street, Narrie Warren, Cleaning Wizard Australia Pty Limited of Suite 12, 12-14 Garden Boulevarde, Dingley, Victoria and Spinalee Cleaning and Property Maintenance of 32 Knights Drive, Glen Waverley, Victoria.

PN12

The dispute in question consists of the subject matter set out in the letter of demand and log of claims served on the respondents to the dispute by letter dated 1 June 2001 and signed by Tim Ferrari on the ALHMWU. I am satisfied that the dispute is a dispute within the meaning of the Act by virtue of the operation of section 493 of the Act. Accordingly a finding of dispute will be made in accordance with the Act and it will be reduced to writing and placed on the file. Ms Bellino, do you want a direction to confer in relation to that?

PN13

MS BELLINO: Yes, your Honour, we would seek that direction.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. A finding will be made as previously indicated and a direction to confer will be given. The dispute may be relisted on the application of any party by notification to my associate and to the other parties to the dispute. The matter will be adjourned on that basis.

ADJOURNED INDEFINITELY [3.41pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #B1 BUNDLE OF DOCUMENTS PN7