C2001/2536, Transcript of Proceedings [2001] AIRCTrans 1639 (20 July 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

11.45 AM, WEDNESDAY, 4 JULY 2001

Continued from 5.6.01

Adjourned sine die

PN12

THE SENIOR DEPUTY PRESIDENT: Yes, may I have appearances please?

PN13

MS M. PIERCY: Your Honour, I appear for the Australian Workers' Union.

PN14

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Piercy.

PN15

MS PIERCY: Thank you, your Honour. This matter was last before you on 5 June this year and you found a dispute did exist between the union and Bendigo Greyhound Racing Association. Following that finding, your Honour, a letter was forwarded to the Association setting out the background to the matter and stating the union's intention to have the association bound to the Sportsground and Maintenance Venue Presentation Award 1995.

PN16

The Association was asked to contact the union by 14 June for a response and as we received no response by close of business of that date, Mr Graham Beard contacted your office requesting the matter be listed for the purpose of ratifying the draft award. Your Honour I would like to hand a copy of that to you for the Commission's files.

PN17

THE SENIOR DEPUTY PRESIDENT: The draft award will be exhibit B1.

EXHIBIT #B1 DRAFT AWARD

PN18

MS PIERCY: Thank you, your Honour. The union believes it's done everything in its powers to correctly advise the Association of the nature of the proceedings from the initial service of log of claims and that it's carried out its obligations in accordance with the Act and the rules of the Commission and as outlined in correspondence received from the Victorian Employees Chamber of Commerce and Industry and you would have a copy of that, your Honour?

PN19

THE SENIOR DEPUTY PRESIDENT: Yes, I do. I'll mark that letter exhibit B2.

EXHIBIT #B2 LETTER RECEIVED FROM VECCI

PN20

MS PIERCY: Thank you, your Honour. They don't oppose the award being made and I would ask that the order in terms of the draft award be issued in due course, if it please your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Ms Piercy, I will make a draft award in terms of exhibit B1, but I would ask you to note on the file this award is in the process of being simplified, I think.

PN22

MS PIERCY: Yes, that's right, your Honour.

PN23

THE SENIOR DEPUTY PRESIDENT: When it is simplified, could you bring this roping-in award to the attention of whoever is doing it when it's made so that the award can be properly updated. Hopefully it won't have to have a very long life. This is an application to make an award to be known as the Sportsground Maintenance and Venue Presentation Victoria Roping-In Number 2 Award 2001. The purpose of the award is to rope the Bendigo Racing Association, McKiver Road, Junortoun, Victoria into respondency to the Sportsground Maintenance and Venue Presentation Victoria Award.

PN24

The making of the award is not opposed by the Bendigo Racing Association. I am satisfied that it is appropriate to make an award in the terms of exhibit B1 and I so order. The award will come into force on and from the first pay period to commence on or after today's date and shall remain in force for a period of six months. There will be a formal order giving effect to my decision together with these reasons issued in due course. The Commission will adjourn.

ADJOURNED INDEFINITELY [11.48am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #B1 DRAFT AWARD PN18
EXHIBIT #B2 LETTER RECEIVED FROM VECCI PN20