C2001/5789, Transcript of Proceedings [2002] AIRCTrans 1596 (13 May 2002)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N VT03688

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

C2001/5789

NATIONAL UNION OF WORKERS
and OTHERS

and

JOHN SIMSON (AUSTRALIA) PTY LIMITED

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

MELBOURNE

2.02 PM, MONDAY, 29 APRIL 2002

Continued from 7.12.01

PN16

MS S. ALLISON: I appear with MR T. KENNEDY for the National Union of Workers.

PN17

MS T. ROWE: I am from VECCI appearing on behalf of Coventry Group Limited.

PN18

THE DEPUTY PRESIDENT: Thank you. It must be my day for the NUW today, is it? Yes, Ms Allison.

PN19

MS ALLISON: Your Honour, the union seeks the making of the roping-in award in the terms of draft orders prepared by the union which, with your leave, I would seek to hand up.

PN20

THE DEPUTY PRESIDENT: Yes, I actually did receive copies. I think this is the same as I received.

PN21

PN22

MS ALLISON: Yes.

PN23

THE DEPUTY PRESIDENT: Yes, thank you.

EXHIBIT #A1 DRAFT ORDERS PREPARED BY THE NUW

PN24

MS ALLISON: Briefly, the background to this matter is as follows: on 7 December 2001 your Honour found the existence of a dispute pursuant to section 101 of the Workplace Relations Act in this matter. On 19 April 2002 the union wrote to all the companies party to the dispute proposing a roping-in award as part settlement, and also notifying them of today's hearing. An affidavit attesting to service was filed with the Commission on 23 April 2002 so that should be on the file.

PN25

THE DEPUTY PRESIDENT: Yes, it is.

PN26

MS ALLISON: In that letter it was stated that, should any of the companies have any queries regarding the proposed part settlement, if they would contact the union. The union has received no correspondence or calls from the company objecting or querying the proposed roping-in award. Your Honour, if I can now take you to the proposed roping-in award.

PN27

The proposed roping-in award is standard in its drafting. The first clause gives the title of the award. The second clause identifies the parties who are to be bound by the award in conjunction with schedule A. Clause 3 is an application clause; the application clause states that the provisions of the relevant award as varied from time to time are to apply. Clause 4 provides a standard saving provision. Clause 5 states that the union is seeking that the award come into effect from the first pay period to commence on or after today's date. And, finally, the clause provisions that the award remain in force for six months.

PN28

Your Honour, that is the nature of the award that the union seeks to be made today. The union submits that the making of this roping-in award will satisfy the Commission's obligation to partially settle the dispute found by the Commission, and it will also serve to satisfy the prima facie right of the union to have this award made. Subject to any questions your Honour may have, we seek the making of the award in the terms outlined and provided for in the draft orders. Thank you.

PN29

THE DEPUTY PRESIDENT: Thanks, Ms Allison. Yes, Ms Rowe.

PN30

MS ROWE: Your Honour, we have no issues or dispute in respect to the making of this award for Coventry Fasteners.

PN31

THE DEPUTY PRESIDENT: Thank you. Well, I can indicate to the parties that an award will be made. It will be made in the form of the draft award provided and marked as exhibit A1. The award will be known as the Storage Services (General) Roping-in Number 2 Award 2002, and the award shall operate from the beginning of the first full pay period to commence on or after 29 April 2002 and shall remain in force for a period of six months. On that basis, I will adjourn these proceedings. Thank you.

PN32

MS ALLISON: Thank you.

ADJOURNED INDEFINITELY [2.07pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 DRAFT ORDERS PREPARED BY THE NUW PN24