BP2001/3568, Transcript of Proceedings [2001] AIRCTrans 3377 (4 December 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 1427

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOLMES

BP2001/3568

APPLICATION FOR NOTICE OF INITIATION
OF BARGAINING PERIOD

Application under section 170MI of the Act
by the Australian Workers' Union re initiation
of bargaining period

MELBOURNE

2.15 PM, TUESDAY, 20 NOVEMBER 2001

Continued from 31.10.01

PN23

THE COMMISSIONER: Good afternoon. I am not sure whether we went on the record last time. Mr Winter.

PN24

MR C. WINTER: Yes, I think we were on the record last time. I think we then went into private conference. I can't really remember.

PN25

THE COMMISSIONER: I remember we were earlier in conference.

PN26

MR WINTER: I think it was 31 October, I can remember the date but I can't remember whether we were on record or not. In regard to appearances, I appear on behalf of the AWU and with me is T. STEVENS, the organiser and also C. REIDY, just to put that on the record. Since we were last before you, Commissioner, it was agreed that the parties would meet to thrash out whether there was going to be a transmission of business in accordance with the Act or there was going to be, if you like, pay out of appropriate payments, redundancy etcetera and that new employees be re-hired.

PN27

Since that occurred, I understand there was a meeting last Wednesday and it was agreed that there would be a transmission of business in accordance with the Act and the service of the individuals would flow onto the new company. Now in relation to that point and I know there is provisions for the transfer and assignment of the business in the regulations of the Act, regulation 131N that talks about employee's records, we would ask because of the transient nature of the workforce.

PN28

It has to be remember many of them are just like straight out of school, 16, 17 or thereabouts and the industry is fairly transient, we would ask, so there is no I suppose, disputation in the future, that the individual themselves and the union be given a copy of those entitlements that have been passed onto the new owners so that in the future there can be no debate on what that included. Say for instance if there is an issue now with someone's annual leave, length of service, etcetera, we should be able to deal with that now and clarify it before it even goes over to the new owner and then there would be arguments in the future.

PN29

We would ask that the company consider that again because of the transient nature of the workforce and the youth of the workforce, I suppose, we want to make sure that there is no problems in relation to this transfer of the business. That is the first issue we need to deal with today. There is also one other issue and I will seek your advice on it. We lodged a bargaining period against Hobson's Lodge and that bargaining period is currently in place at the moment.

PN30

Once the business is transferred to the new owners, is it your understanding that another bargaining period would have to be lodged and the process commenced again because I was asked that question, I didn't really know, so I thought I might ask you, Commissioner, you might be able to give that advice because the company believes that is the case but I just couldn't find any provision in the Act in regard to the transfer, whether - it will probably be a new distinct name but does the bargaining period transfer over to the new employer? If the Commission pleases.

PN31

THE COMMISSIONER: Thank you. Mr Corby.

PN32

MR CORBY: On Mr Winter's first topic, there is not a problem in providing those sort of details to all employees prior to the winding up of Hobson's Lodge and on the second point, we feel that because of the transmission of the employment to the new company, the financial part of the company is still - none of the debtors and creditors have been transferred to the new, as yet un-named company, so we feel that it would probably be the best process to re-issue that bargaining period just for our records purely and due to the change of ownership.

PN33

THE COMMISSIONER: Thank you. We will go off the record.

OFF THE RECORD

PN34

THE COMMISSIONER: Mr Winter you wanted to just advise me of the union's view in the light of what Mr Corby has put on the record.

PN35

MR WINTER: Yes, in light of the response by the Trainers Association on behalf of the company, we would see that once those letters have been issued to the employees and the union in relation to the entitlements that will transfer over the new owner, then once that occurs, we would see that that matter has now been resolved. There maybe a problem down the track that we were unaware of and if there is we would seek the assistance of the Commission. Again, I thank the Commission for its assistance in resolving this matter.

PN36

THE COMMISSIONER: Thank you. Well I am glad that actually through discussions between the parties, the matter has been resolved and I don't mean this in a disparaging way but I hope I don't see you again in relation to this matter. Good luck with the future relationship. This matter is adjourned.

ADJOURNED INDEFINITELY [2.23pm]