C0034/899, Transcript of Proceedings [2002] AIRCTrans 1345 (22 April 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VTO3500

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C No 00348 of 1999

UCIW CHRISTMAS ISLAND
INFRASTRUCTURE REBUILDING
(MAINLAND AND DOMICILED)
EMPLOYEES AWARD

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

CHRISTMAS ISLAND

3.40 PM, FRIDAY, 5 APRIL 2002

PN1

THE SENIOR DEPUTY PRESIDENT: Mr Thomson, you appear for the union in that matter?

PN2

MR THOMSON: Yes, your Honour, surprising. isn't it?

PN3

THE SENIOR DEPUTY PRESIDENT: Why am I surprised?

PN4

MR THOMSON: Yes.

PN5

THE SENIOR DEPUTY PRESIDENT: Mr Thomson, in this matter there has been a notice of listing forwarded to the following parties: the UCIW, for whom you appear; Guttridge, Haskins and Davey Limited, addressed to Mr Noel Taylor, or attention Mr Noel Taylor; Christmas Island Chamber of Commerce with a direction that the Christmas Island Chamber of Commerce advise its members; namely, C I Airconditioning and Refrigeration, Falcon Construction, Gregory's Plumbing, Mining and Marine Construction Pty Ltd. That notice was directed to Mr Dan O'Donnell.

PN6

It may be recalled Mr O'Donnell appeared on the first occasion this matter was listed on 1 April and indicated that he wished to be excused and is not taking any part in the matter. It was indicated then that there was an expectation that Mr O'Donnell would notify his members of the proceedings in the event that any of those parties should wish to appear in the proceedings before me. There was also a notice forwarded to C I Contracts, attention Mr Joseph Lowe. A notice was forwarded to Electrical Construction and Maintenance.

PN7

There was a notice forwarded to also Ma Chat Heng. No notices were forwarded to Island Electrical Services, Indian Ocean Building Company, Indian Ocean Electrical, The Ceramic Tiling Company, each of whom are listed as parties to the award, but for whom there are no records to indicate that the company is still in operation or in existence. As the only party appearing in the conferences and subsequent proceedings relating to this matter, I want to say - subsequent to 1 April, Mr Thomson has submitted that the proceedings should be adjourned for the certification of this award and perhaps Mr Thomson you might address me more fully on the basis upon which you wish to be adjourned.

PN8

MR THOMSON: Thank you, your Honour. The difficulty in determining the minimum rates payable under the award arises because the award refers to a number of other awards, some of which have been subjected to the minimum rates adjustment, the federal awards, the Federal Construction Industry Award. There are a number of state awards which we understand to be minimum rates awards, but we are not in a position now to proceed to provide those rates. So I think that the best thing to do in the circumstances is that there are parties to this award, they are on the Island; why they haven't turned up I don't know.

PN9

If we could set the proceedings aside for a time and anticipate that the questions of conditions of employment for construction industry workers could be dealt with in another way if necessary and at a later date we come back and see what progress has been made in that regard.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. But you do confirm that there are employees who have benefits under this award?

PN11

MR THOMSON: Definitely, yes.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes.

PN13

MR THOMSON: And will continue to have. Thank you.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, very well. In this matter I have been asked to adjourn the review of the award under Item 51 of the Workplace Relations and Other Legislation Amendment Act on the basis that there are some complications associated with the incorporation of state awards and other federal awards by reference in the award, each of which have a variety of situations regarding the properly fixed minimum rates of pay and it seems to me that in circumstances where the other parties - or there are other parties still operating on the Island who have been notified, or ought to have been notified according to the notice, and have not appeared.

PN15

I propose to adjourn this matter to a date to be fixed. In the interim I will direct that a notice be forwarded to the parties previously notified of this proceeding and directing that they explain their non-attendance in the proceedings today. Anything else, Mr Thomson?

PN16

MR THOMSON: No. Thank you, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: The matter is adjourned to a date to be fixed.

ADJOURNED INDEFINITELY [3.52pm]