C0074/499, Transcript of Proceedings [2001] AIRCTrans 1701 (24 July 2001)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 8304

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C No 00744 of 1999
C2001/2127

MEDIA, ENTERTAINMENT AND ARTS
ALLIANCE (WORLD CONGRESS CENTRE
MELBOURNE) award 1994

Review under Section 51, Item 51,
Schedule 5, Transitional WROLA Act
1996, re conditions of employment

MEDIA, ENTERTAINMENT AND ARTS
ALLIANCE

and

MELBOURNE CONVENTION AND EXHIBITION
TRUST

Notification pursuant to Section 99
of the Act of a dispute re rates and
working conditions

MELBOURNE

10.36 AM, MONDAY, 9 JULY 2001

Continued from 22.6.01

PN33

THE SENIOR DEPUTY PRESIDENT: We might deal with new dispute first, if we may please. Could I have the appearances in that matter.

PN34

MR B. POUND: I appear for Media Entertainment and Arts Alliance.

PN35

MR D. KELLY: I appear, together with MS V. WALMSLEY for the Melbourne Exhibition and Convention Centre.

PN36

THE SENIOR DEPUTY PRESIDENT: Thank you Mr Kelly, yes Mr Pound, can we deal with the dispute finding?

PN37

MR POUND: Senior Deputy President, this is an application from the Media Entertainment and Arts Alliance, for the finding of a dispute between ourselves and the Melbourne Convention and Exhibition Trust. Senior Deputy President, on 26 April 2001, a letter of demand and a log of claims were served by personal service, on the Trust. May I hand up a copy of the log and letter of demand, if you please.

PN38

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Pound.

EXHIBIT #P1 LOG AND LETTER OF DEMAND

PN39

MR POUND: Thank you. On 26 April 2001, a dispute was notified to the Commission on 2 May 2001 by fax - by facsimile, a copy of the Industrial Relations Commission's notice, fixing the time and place for the hearing of an alleged industrial dispute, was served on the Trust, along with the associated form R4 and R5 notices. May I hand up the form notices and associated covering fax to the employer, if you please.

PN40

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Pound.

EXHIBIT #P2 BUNDLE OF DOCUMENTS

PN41

MR POUND: Senior Deputy President, we believe that the statutory processes required to be followed by the union in this matter have been followed and we would ask that a dispute be found between the union and the Melbourne Convention and Exhibition Trust. The alliance asks that as a partial settlement of this dispute, that the Commission issue an order specifying the Melbourne Convention and Exhibition Trust as a respondent to the award, currently titled the Media Entertainment and Arts Alliance (World Congress Centre Melbourne) Award 1994. And may I suggest, that in relation to this matter today, that we perhaps go off the record to deal with the mechanics of that and timing, if the Commission pleases. Thank you.

PN42

THE SENIOR DEPUTY PRESIDENT: Yes, we might do that Mr Pound. Let us just deal with the dispute finding first. Mr Kelly, do you want to say anything about the dispute finding?

PN43

MR KELLY: No, other than to formally acknowledge what Mr Pound has said.

PN44

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, well I will deal with that now. This is an application to find an industrial dispute between the Media Entertainment and Arts Alliance of the one part and the Melbourne Convention and Exhibition Trust on the other part. I am satisfied that there is an industrial dispute in existence between the Melbourne - the Media Entertainment and Arts Alliance and the Melbourne Convention and Exhibition Trust on the other part. The subject matter of the industrial dispute, are those matters set out in a letter of demand and log of claims, dated 26 April 2001, served by the Media and Entertainment and Arts Alliance on the Melbourne Convention and Exhibition Trust and contained in exhibit P1 in these proceedings.

PN45

The dispute exists in the State of Victoria and is therefore an industrial dispute within the meaning of the Act, by virtue of the operation of section 493 of the Act. I make a formal finding to that effect, it will be reduced to writing and placed on the file. Now Mr Kelly is it convenient if we now go off the record and discuss how we are going to process the matter?

PN46

MR KELLY: Yes, your Honour.

PN47

THE SENIOR DEPUTY PRESIDENT: Thank you.

OFF THE RECORD

PN48

THE SENIOR DEPUTY PRESIDENT: These proceedings are now resumed. I have discussed with the parties how we handle both the new dispute, which I found earlier this morning and the Award Simplification item 51 file, in relation to the matter. The parties have agreed that the most appropriate course is to set aside the award, the subject of the Item 51 proceedings and to make a new award in settlement of the new dispute, with of course an appropriate savings provision in relation to rights under the award to be set aside.

PN49

Having regard to the complexities of the respondency position, this seems to me to be the most appropriate course and since the parties can agree on the terms of the new award, it also saves any issue arising as to any doubtful matters under the Item 51 file. Accordingly, we have discussed some alternations to a draft that had been prepared in conference and Mr Kelly has undertaken to make those alterations and to add an appropriate savings clause. I am going to ask him to do that and to forward a copy to Mr Pound. If both parties indicate that they consent to that document and then, subject to any reservations I have, I would issue that award, without the need for a further hearing.

PN50

Perhaps I could ask the parties if they are happy with that course? Mr Pound?

PN51

MR POUND: I am very happy, Senior Deputy President.

PN52

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Kelly?

PN53

MR KELLY: And likewise, your Honour.

PN54

THE SENIOR DEPUTY PRESIDENT: Very well, well that is the course we will adopt. I will indicate that in part settlement of the dispute found to exist in C2001/2127, I will make a new award to be known as the Media, Entertainment and Arts Alliance Melbourne Congress and Exhibition Trust Award 2001, upon receipt of the final agreed draft between the parties. It will operate from the date on which I received that final agreed draft and make the award. It will contain an appropriate savings provision. The Commission will adjourn on that basis.

ADJOURNED INDEFINITELY [10.55am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #P1 LOG AND LETTER OF DEMAND PN39
EXHIBIT #P2 BUNDLE OF DOCUMENTS PN41