C0083/399, Transcript of Proceedings [2001] AIRCTrans 431 (27 March 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 6351

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

C NO 00833 OF 1999

TRANSPORT WORKERS' MISCELLANEOUS
UNION AWARD 1984

REVIEW UNDER SECTION 51, ITEM 51,
SCHEDULE 5, TRANSITIONAL WROLA ACT
1996 RE CONDITIONS OF EMPLOYMENT

MELBOURNE

9.07 AM, TUESDAY, 13 MARCH 2001

CONTINUED FROM 24.11.00

PN35

THE SENIOR DEPUTY PRESIDENT: Are there changes to the appearances in this matter?

PN36

MS K. SDRINIS: Yes, your Honour, appearing with me today is MS D. WHYTE.

PN37

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Sdrinis.

PN38

MR J. HOY: I appear for the Australian Industry Group.

PN39

MS F. CARAPELLUCCI: I appear for the Commonwealth.

PN40

THE SENIOR DEPUTY PRESIDENT: Now, I have received some documents and correspondence since the matter was last before me. I received a letter from Business SA dated 27 February 2001 in which they make some suggestions about the draft award to them. They were unable to be attend today and I was unable, because of time constraints, to accommodate them with a video conference link, but they have expressed an interest in attending on the next occasion. Correspondence from AIG dated 5 February 2001 concerning Cadbury Schweppes; correspondence also from the AIG dated 18 January 2001; correspondence from VECCI dated 8 January 2001.

PN41

That is the only documentation I have received. I should indicate that a number of - I have had a number of return posts in respect of several employers or employer organisations who had been put on the notice of listing. I am unable to say whether it is because they were sent to an address that is now no longer their correct address or otherwise. Certainly some of them are still entities that I know are still in existence and operation. That might be a matter my associate perhaps could speak to the TWU about, so if we drop them off any further notice of listing, so be it. But if the TWU is of the opinion they should be notified again perhaps they need to let us know a contact.

PN42

Now, I think Ms Sdrinis, you are the only one who has not sent me something?

PN43

MR SDRINIS: That is correct and unfortunately I was not able to given that I was absent for some time in recent weeks and months. However, I have been through the document and I have just some matters that I think there is a difference between the TWU and the other parties. However they are not major matters and I think that they could be resolved through further clarification and perhaps some minor amendment of wording as they do not really go to the meaning or intent of the provisions, the relevant provisions and therefore I think that what - if it was possible, if not today, then certainly some time in the near future, perhaps go through those with the other parties after I have responded in writing, which I will be able to do, in the next day or two. But I think that probably we would need some time together with the other parties to go through each of those items. But as I said, they are not major items. They are really questions of clarification or amendment to clarify meaning.

PN44

In terms of the correspondence from the other parties, again I have been through those. There are some points that have been raised that we have no disagreement with. Others we still need to check through our organisation and our system to verify whether certain aspects of the award are obsolete and also whether certain employers referred to in the award are still relevant. But other than that I do not think that there are any major issues of contention between us in relation to the draft that we were given. I do not really have anything else to say other than to apologise for not having responded as directed, if the Commission pleases.

PN45

THE SENIOR DEPUTY PRESIDENT: I think I would now adjourn into conference to see if we can agree on a program to finalise simplification of this matter. Is there anything else that anyone else thinks they should put on to transcript? No, we will adjourn into conference.

NO FURTHER PROCEEDINGS RECORDED