C2002/1428, Transcript of Proceedings [2002] AIRCTrans 1407 (29 April 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N VT03448

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2002/1428

TRANSPORT WORKERS UNION
OF AUSTRALIA

and

NATIONAL POWER SERVICES
(WESTERN AUSTRALIA) PTY LIMITED

Notification pursuant to section 99 of the Act
of a dispute re log of claims

MELBOURNE

10.00 AM, THURSDAY, 11 APRIL 2002

PN1

MS J. TISDALE: I appear for the Transport Workers Union.

PN2

MS C. SCULLY: I appear for National Power Services Western Australia.

PN3

THE COMMISSIONER: Yes. Ms Tisdale.

PN4

MS TISDALE: Thank you, Commissioner. The Transport Workers Union are seeking a finding that an industrial dispute exists between ourselves and National Power Services WA Pty Limited. National Power Services WA Pty Limited is a corporation that operates both in Western Australia and Victoria. We had originally foreshadowed that we would be seeking the making of a roping-in order today. We are still having negotiations with the company on the terms of any draft order, so we won't be now seeking that that draft order would be made today, and we are merely seeking the finding of a dispute.

PN5

THE COMMISSIONER: Yes, thank you.

PN6

MS TISDALE: The industrial dispute arises out of the service of a letter of demand and log of claims. That was served on Mr Greg Moylan, the Human Resources Manager for the Company, in person, on 6 March 2002. And the Commission should have a copy of that letter of demand and log of claims on file.

PN7

THE COMMISSIONER: Yes.

PN8

MS TISDALE: The operations manager of the Company subsequently wrote to the Union indicating that they did not accede to our demands, and I have a copy of that letter, if the Commission would like it for its file.

EXHIBIT #A1 LETTER FROM COMPANY TO UNION

PN9

THE COMMISSIONER: Thank you.

PN10

MS TISDALE: On 12 March the Union notified the Commission of the existence of the alleged industrial dispute, and there should be a copy of that notification on file together with a statement of service from myself dated 12 March and statement of the same date form the Union's federal secretary, confirming that he is authorised under our rules to serve the log of claims and letter and demand.

PN11

THE COMMISSIONER: Yes, that information is on the file.

PN12

MS TISDALE: Thank you. On 20 March the Union received a notice of listing from the Commission and that notice was served directly also to the Company. So we are seeking this morning, a finding of dispute under section 101 of the Workplace Relations Act between ourselves and National Power Services WA Pty Limited. If the Commission pleases.

PN13

THE COMMISSIONER: Yes, thank you. Ms Scully.

PN14

MS SCULLY: Thank you, Mr Commissioner. The submission made y Ms Tisdale on behalf of the Transport Workers Union is a correct account of the negotiations that have taken place between NPSWA and the TWU and we do not object to a dispute being made - dispute being found. If it please the Commissioner.

PN15

THE COMMISSIONER: How much time do the parties think they will need to formulate the order?

PN16

MS TISDALE: Commissioner, we are seeking to enter into a greenfields enterprise agreement with the Company. They have a start-up date of 1 May, so we are hoping to have both the agreement and the draft order for the award negotiated in time, finalised in time for that start-up on 1 May, so hopefully only a few more days.

PN17

THE COMMISSIONER: Do you have anything further to add, Ms Scully?

PN18

MS SCULLY: No, thank you, Mr Commissioner.

PN19

THE COMMISSIONER: Well, pursuant to section 101 of the Workplace Relations Act, the Commission finds there is an industrial dispute. The dispute is between the Transport Workers Union of Australia and National Power Services (Western Australia) Pty Limited. The parties are directed to have further discussions about the form of an order to cover the operations and the agreements between them. When the parties have reached agreement about those matters or need any further assistance from the Commission about this issue, they are to inform my Associate. The Commission is adjourned.

ADJOURNED INDEFINITELY [10.05am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 LETTER FROM COMPANY TO UNION PN9