C2001/5789, Transcript of Proceedings [2001] AIRCTrans 3616 (24 December 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
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TRANSCRIPT OF PROCEEDINGS


O/N 1662

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

C2001/5789

NATIONAL UNION OF WORKERS
and OTHERS

and

JOHN SIMSON (AUST) PTY LTD

Notification pursuant to section 99 of the
Act of a dispute re wages and conditions

MELBOURNE

10.00 AM, FRIDAY, 7 DECEMBER 2001

PN1

MR T. KENNEDY: I appear on behalf of the National Union of Workers.

PN2

MS T. ROWE: I am from VECCI appearing on behalf of Coventry Fasteners together with MS J. WHITECROSS.

PN3

THE DEPUTY PRESIDENT: Mr Kennedy.

PN4

MR KENNEDY: Thank you, your Honour. Your Honour, the union seeks a finding of dispute from the Commission this morning and a direction of any dispute so found on the parties to confirm part settlement of the dispute. The basis of the finding of dispute sought by the union this morning is contained in both a letter of demand and a log of claims served upon the two employers dated 26 October 2001. The letter of demand gave the employers seven days to agree to the claims contained in the log and as no agreement was forthcoming the union notified of a dispute pursuant to section 99 of the Act on 15 November 2001.

PN5

Attached to the notification of dispute was an affidavit signed by Greg Sword, general secretary of the union, attesting to both the service of both the letter of demand and log of claims upon each of the employers by certified mail and an affidavit to that effect should appear on the Commission's files dated 12 November filed in the Commission on 15 November of this year. Subsequent to that, your Honour, the union received a notice of hearing for the matter this morning. That notice was sent to the employers by certified mail on 20 November of this year and the union also filed with the Commission an affidavit of service signed once again by Greg Sword, general secretary of the union, attesting to the fact that notice of listing had been served upon the employers and that was filed in the Commission on 29 November.

PN6

Your Honour, the subject matter of the dispute we say exists is contained in both the letter of demand and the log of claims served upon the employer. That is the basis upon which we seek a finding of dispute this morning and on that basis that will be the extent of our submissions at this stage.

PN7

THE DEPUTY PRESIDENT: Yes, thanks, Mr Kennedy. I will have a question for you but I will hear from Ms Rowe first of all.

PN8

MR ROWE: If the Commission pleases. Coventry Fasteners acknowledge receipt of the log of claims. We reject the claims contained therein. In particular we seek the removal of clause 33 of the log of claims which is preference of employment and that is contrary to section 298AB of the Workplace Relations Act and that relates to freedom of association. However, your Honour, we acknowledge that a dispute can be found within the meaning of the Workplace Relations Act, if the Commission pleases.

PN9

THE DEPUTY PRESIDENT: Thanks, Ms Rowe. You have pre-empted my question to Mr Kennedy. Mr Kennedy, would you like to talk to me about item 33 in the log?

PN10

MR KENNEDY: To the extent that - and this is a long standing log that we need to refine from time to time and it is probably more an administrative matter if anything - to the extent that item 33 needs to be severed from the log to give effect to a finding of dispute we don't oppose that.

PN11

THE DEPUTY PRESIDENT: Okay, thank you. I might just go off the record for a moment just to have some brief discussion about that particular issue. I am not of the view that its inclusion in the log in any way breaches Part X.

OFF THE RECORD

PN12

THE DEPUTY PRESIDENT: We have had a short discussion off the record about item 33 in the log of claims and I will refer to that in a moment. However, having studied the documentation and heard the submissions of the parties I will find an industrial dispute within the meaning of the Act between the employers as named which is Coventry Group Limited of 253 Walker Road, Morley, and John Simson (Australia) Proprietary Limited of 29 Westside Drive, Laverton North in Victoria and the National Union of Workers.

PN13

The matters in dispute are those contained in the letter of demand and the log of claims of the National Union of Workers dated - somebody might just help me with the date?

PN14

MR KENNEDY: 26 October.

PN15

THE DEPUTY PRESIDENT: 26 October 2001, thank you. I will publish a record of findings in relation to this matter in due course. I would like to make reference to item 33 in the log of claims. Whilst I accept that item 33 which is a preference of employment clause in the log of claims is not a breach in my view of any part of the Act by its inclusion in a log of claims I would like to make the point on the record that if there was any agreement in the context of discussions that might take place in settlement of this log of claims to item 33 that would, in my view, constitute a breach of Part X of the Workplace Relations Act 1996 and certainly would not be able to be included in any award in settlement of this dispute or any agreement certified in settlement of this dispute by this Commission. On that basis the hearing is adjourned. Thank you.

ADJOURNED INDEFINITELY [10.13am]