D2001/4, Transcript of Proceedings [2001] AIRCTrans 1899 (9 August 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT McINTYRE

D2001/4

APPLICATION UNDER SECTION 188(1)(b)
BY STRIPTEASE ARTISTS AUSTRALIA
INCORPORATED FOR REGISTRATION BY
AN ASSOCIATION OF EMPLOYEES

SYDNEY

10.02 AM, TUESDAY, 24 JULY 2001

Continued from 22.6.01

Hearing continuing

THIS MATTER WAS CONDUCTED BY VIDEO CONFERENCE
IN SYDNEY

PN75

THE VICE PRESIDENT: I will take the appearances again. Everyone may remain seated for the purpose of this hearing.

PN76

MR J. WILSON: May it please the Commission, your Honour, I appear for the applicant. I assume that the leave that you granted on the last occasion is still in force?

PN77

THE VICE PRESIDENT: Yes, thank you, Mr Wilson, and here in Sydney?

PN78

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

PN79

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

PN80

THE VICE PRESIDENT: Thank you. I think since the last occasion I've received some correspondence from the Media, Entertainment and Arts Alliance, a copy of which was sent to the applicant. What's the present position then, please, Mr Wilson?

PN81

MR WILSON: Your Honour, firstly if I can address the dialogue that my client has been having with the ALHMWU, there has been correspondence. The end result however is that no agreement to date has been reached between my client and the ALHMWU in relation to the matters under discussion, which were my client's eligibility rules. As to the dialogue between the AWU and my clients, Mr Beard of late has been helpful, however it was only this morning that I received on behalf of my client a proposal from the AWU.

PN82

Mr Beard may well have that with him there to hand up, however, just having discussed it with my client prior to the commencement of the hearing, your Honour, at first blush it doesn't appear satisfactory to my client. In other words, it's not something that it would presently agree to. So that's where we're up to from the applicant's point of view, your Honour.

PN83

THE VICE PRESIDENT: All right, thank you. Ms Bellino?

PN84

MS BELLINO: Thank you, your Honour. I can confirm Mr Wilson's comments. We have been sending correspondence on a without prejudice basis through to Ms Schagen and we have received a response back. At this stage, the LHMWU is not in a position to settle our objection with the applicant organisation. There are still probably two fundamental areas where we have concerns with the application and haven't moved much closer to settling those in any way. We're happy to continue discussions with Ms Schagen and Mr Wilson but at this stage there is no settlement with LHMWU, if it please the Commission.

PN85

THE VICE PRESIDENT: Thank you, Ms Bellino. Mr Beard?

PN86

MR BEARD: Thank you, your Honour. I have only just been recently involved in this particular matter and as Mr Wilson has reported to you I have forwarded a suggestion to him in regard to the union's position to settle our objection. Obviously from the comments from Mr Wilson, they're not going to agree to suggestions from the union. However, as the dialogue has only just commenced, I would advise Mr Wilson and his client that the AWU is still prepared to further discuss the matter. Our major objection is in regard to the operations in Queensland of our rules and I think there may be a further avenue for discussion in regard to that area and welcome further discussions and negotiations with Mr Wilson, if it please your Honour.

PN87

THE VICE PRESIDENT: Thank you, Mr Beard. Mr Wilson?

PN88

MR WILSON: Thank you, your Honour. My instructions are to seek an adjournment for two weeks during which my client will, in good faith, continue the dialogue between the ALHMWU and the AWU. However, when the matter is brought back on for mention, your Honour, if no agreement has been reached with either the ALHMWU or the AWU, then I foreshadow that my client will simply be applying for the matter to be set down for hearing on the substantive application.

PN89

THE VICE PRESIDENT: All right, thank you, Mr Wilson. Would either of you like to comment on the proposal that the matter be adjourned for about two weeks to enable the discussions to continue?

PN90

MS BELLINO: Your Honour, the LHMWU is happy to participate again in two weeks where obviously we will be involved in any discussions which may be able to settle our objection. In the alternative, if we're not able to we'll be back here in two weeks and seek to be involved in the matter as it's arbitrated.

PN91

THE VICE PRESIDENT: Thank you. Mr Beard?

PN92

MR BEARD: We agree to that course of action, your Honour.

PN93

THE VICE PRESIDENT: All right. How would Friday, 10 August, be for that report back and further mention?

PN94

MR WILSON: Your Honour, from memory, I have a hearing that day in this Commission here.

PN95

THE VICE PRESIDENT: Commencing at?

PN96

MR WILSON: I think it commences at 9.00 am.

PN97

THE VICE PRESIDENT: Right, how about Tuesday the 14th then?

PN98

MS BELLINO: The LHMWU Rules application is actually set down for hearing on that day from 9.30, but before we would be happy to be here at 8.30, 9.00.

PN99

THE VICE PRESIDENT: Nine o'clock, on Tuesday the 14th?

PN100

MR WILSON: Happy to do so, your Honour.

PN101

THE VICE PRESIDENT: Yes, all right. Well I'll adjourn these proceedings. I will be in Sydney again and the same video facilities will be available to 9.00 am on Tuesday, 14 August.

PN102

MR WILSON: May it please the Commission.

PN103

THE VICE PRESIDENT: Thank you for your attendances this morning. I will adjourn until then.

ADJOURNED UNTIL TUESDAY, 14 AUGUST 2001 [10.10am]