C2002/1410, Transcript of Proceedings [2002] AIRCTrans 1357 (23 April 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT03384

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

C2002/1410

AWARD BY CONSENT OF THE PARTIES

Application pursuant to section
111(1)(b) of the Act by the Australian
Municipal, Administrative, Clerical and
Services Union re dispute findings in
C38066/99, C2001/1408, and C2001/4969

MELBOURNE

4.34 PM, MONDAY, 8 APRIL 2002

Continued from 26.03.02

PN63

THE COMMISSIONER: Mr O'Brien, from the last hearing, I have been advised by Mr Maguire that the correct name for Worktrainers is Worktrainers Limited; that Youth Projects Incorporated do not object to being roped in; and the Australian Community Support Organisation do not having any objection to being roped in. Those were matters which were dealt with in the last hearing, and I said that I would include those two organisations in roping-in award number 1, if consent arose. Consent has arisen.

PN64

There is a note that Australian Community Support Organisation, under an earlier name, Victorian Offenders Support Agency, were party to a roping-in award in 1999, but it seems that Australian Community Support Organisation were found to be in dispute by Senior Deputy President Kaufman in a record of finding dated 30 November 2001. So, I won't take any other steps to deal with the earlier matter. I will just make them party to roping-in award number 1. I received a letter from Mr Mike Smith, the Chief Executive Officer of Access Industries, who indicates that he is prepared to consent to a roping-in award, and that you have agreed to a variation, to a proposed draft order.e

PN65

MR O'BRIEN: Yes. That is correct, Commissioner. In fact, we can now include them in the one order with the others. And I have prepared an order to that effect.

PN66

THE COMMISSIONER: Thank you.

PN67

MR O'BRIEN: If I can hand that up, I think you will find that it reflects everything that you have just referred to. This was prepared minutes before I left, so it is subject to any typos that I might have made.

EXHIBIT #ASU3 DRAFT ORDER

PN68

MR O'BRIEN: I think it is correct. You will note that Worktrainers Incorporated - no, it is not correct.

PN69

THE COMMISSIONER: No.

PN70

MR O'BRIEN: It has gone back - Worktrainers Incorporated was one word.

PN71

THE COMMISSIONER: Yes.

PN72

MR O'BRIEN: I don't know how that happened because I printed it off previously with the one word.

PN73

THE COMMISSIONER: That is all right. Yes.

PN74

MR O'BRIEN: So Worktrainers Incorporated should - in fact, the whole thing is incorrect. It has gone back to a previous document. I don't know why. It can't have saved correctly. So if perhaps we do make the changes to this document - - -

PN75

THE COMMISSIONER: Yes.

PN76

MR O'BRIEN: If I could just speak to that, as we go through.

PN77

THE COMMISSIONER: Yes. Thank you.

PN78

MR O'BRIEN: Worktrainers, which is the first one in the draft order, should be Worktrainers, one word. And the "T" is not a capital "T". It is just Worktrainers, all one word, and it should be "Limited".

PN79

THE COMMISSIONER: Yes.

PN80

MR O'BRIEN: The address is correct.

PN81

THE COMMISSIONER: Yes.

PN82

MR O'BRIEN: Youth Projects is correct.

PN83

THE COMMISSIONER: Yes.

PN84

MR O'BRIEN: Australian Community Support Organisation is correct. Access Industries for the Disabled Limited is incorrect. However, the correct words are in the letter from Mr Smith, which you would have received. The actual changes - - -

PN85

THE COMMISSIONER: Yes.

PN86

MR O'BRIEN: - - - were faxed through to him. And that should read Access Industries for the Disabled Limited, only in respect of all employees within its equal access employment services division. With that inclusion it will be correct.

PN87

THE COMMISSIONER: Yes.

PN88

MR O'BRIEN: Otherwise, I think the order is correct, in the front, and the operative date was indicated last time to be on it, the first pay period on or after 26 March 2002. I have included that in the front page.

PN89

THE COMMISSIONER: Yes.

PN90

MR O'BRIEN: So, with those amendments, Commissioner, I think the order - there is no impediment to the order being issued now as it is completed at consent.

PN91

THE COMMISSIONER: All right.

PN92

MR O'BRIEN: There was one other issue.

PN93

THE COMMISSIONER: Yes.

PN94

MR O'BRIEN: Do you want me to speak to that now?

PN95

THE COMMISSIONER: Yes. Thank you.

PN96

MR O'BRIEN: That was the issue of the finding relating to Worktrainers Incorporated.

PN97

THE COMMISSIONER: Yes.

PN98

MR O'BRIEN: You have indicated, last time, on the record, and there was no dispute about that, around paragraph numbers 25 through to 28 of transcript that there should be a formal variation to the finding to give effect to the change of name.

PN99

THE COMMISSIONER: Yes.

PN100

MR O'BRIEN: And also the change of address. So the finding that would need to be varied, which was handed up on the day, was C number 38066 of '99, being the finding of Commissioner Holmes.

PN101

THE COMMISSIONER: Yes.

PN102

MR O'BRIEN: Melbourne, 24 January.

PN103

THE COMMISSIONER: Yes.

PN104

MR O'BRIEN: And the changes to be made should be deleting "Worktrainers Incorporated" and inserting "Worktrainers" in one word, "Limited". And the address of 68 Maud Street has now changed to 3 Hoskins Street, Shepparton, which is what appears in the draft - in Exhibit ASU3. 3 Hoskins Street, Shepparton is in ASU3, related to Worktrainers. So, with those changes, Commissioner - - -

PN105

THE COMMISSIONER: The only question is when the dispute is varied from. And it will be varied from 20 June 2000, which was when the company was registered.

PN106

MR O'BRIEN: That is correct. That was informed to me this afternoon also.

PN107

THE COMMISSIONER: Yes.

PN108

MR O'BRIEN: Thanks very much for that. I believe that completes the matter.

PN109

THE COMMISSIONER: All right. Well, as I indicated earlier, I will make the award, and I will issue a decision subsequently to that effect. I may just have to slightly edit the award, but I won't change its intent or meaning. I had anticipated perhaps putting out another roping-in award, but this is all in the same proceedings, so it probably is easier for me just to do a number 1 roping-in award and deal with them all.

PN110

MR O'BRIEN: If it helps, Commissioner, I could e-mail through the document in corrected form, which will save it having to be re-typed again.

PN111

THE COMMISSIONER: That would be marvellous. Thank you very much.

PN112

MR O'BRIEN: Good. I will get an e-mail address.

PN113

THE COMMISSIONER: No viruses, thank you.

PN114

MR O'BRIEN: No viruses hopefully.

PN115

THE COMMISSIONER: All right. Thanks, Mr O'Brien.

PN116

MR O'BRIEN: Thank you, Commissioner.

PN117

THE COMMISSIONER: The matter is now adjourned sine die.

ADJOURNED INDEFINITELY [4.41pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU3 DRAFT ORDER PN68