C2002/1429, Transcript of Proceedings [2002] AIRCTrans 1806 (23 May 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 VT03893

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

C2002/1429

TRANSPORT WORKERS' UNION OF AUSTRALIA

and

MALCORP HOLDINGS PTY LTD and OTHERS

Notification pursuant to section 99 of the Act
of a dispute re claim for payment for loss of
wages

MELBOURNE

12.58 PM, THURSDAY, 9 MAY 2002

PN1

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

PN2

MR M. LOANE: I appear with my friend, MR C. PRESCOTT, for the respondents.

PN3

THE SENIOR DEPUTY PRESIDENT: I wonder if you would both bear in mind that the microphones particularly sensitive and any whispers or the rustling of papers will be audible. Unless there is something you want to whisper that you purposely wish me to hear, I suggest if you want to talk to each other about something, you just ask for a brief adjournment to leave the bar table.

PN4

MR LOANE: Thank you very kindly.

PN5

THE SENIOR DEPUTY PRESIDENT: Ms Tisdale?

PN6

MS TISDALE: Thank you, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: Remain seated, would you.

PN8

MS TISDALE: Thank you, your Honour. The TWU is seeking a finding of dispute against a number of employers under section 101 of the Act. The dispute we are seeking arises out of the service of a letter of demand and log of claims on a number of employers. The letter of demand and log of claims was served in two batches. The first on 8 March and the second on 18 April. The companies who were served are Range West Distribution Pty Ltd, Western Freight Express Pty Ltd, XL Transport Pty Ltd, Avro Taxi Trucks Pty Ltd, Flinders Freight Express Pty Ltd, XL Parcel Express Pty Ltd, Stuart Distribution Pty Ltd, STA Distribution Pty Ltd, Cairns Distribution Pty Ltd, Tasports Distribution Pty Ltd, Sunshine Freight Express Pty Ltd, Gold Coast Freight Express Pty Ltd, Malcorp Holdings Pty Ltd, Newnet Express Pty Ltd, Viclink Express Pty Ltd, National Transport Operations Pty Ltd and SA Road Express Pty Ltd.

PN9

The letter of demand and log of claims was served on these employers at their registered address and was sent by registered mail. And the Commission should have a copy of that letter and the log of claims on file.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. If I just identify what I do have in front of me. I have the notification of a dispute arising out of the service of the letter of demand of 8 March together with a log of claims. And I have - what is the other date, Ms Tisdale? The earlier logging?

PN11

MS TISDALE: 8 March and 18 April, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: 18 April. I am just trying to turn that up. Yes, and I have that, as well as all of the associated documents. Now, the various recipients of the two demands that you have just read, Ms Tisdale, is that from - there are two documents. They are titled: Attachments B1 and B2.

PN13

MS TISDALE: That is correct, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes. Now, Mr Loane, I don't know if you are following me in terms of the documents I am identifying here. Do you have corresponding documents?

PN15

MR LOANE: We do, your Honour, yes.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Back to you, Ms Tisdale.

PN17

MS TISDALE: Thank you, your Honour. The notifications your Honour has already referred to are on file. A notice of listing was received from the Commission and was served on 18 April on the group of proposed respondents. On the second group of proposed respondents on 29 April there was then a further amended notice of listing which was served on the entire group of respondents on 2 May. And I have a statement of service attesting to that.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes. I will identify this document. You will able to forward a copy of this today to Brisbane, Ms Tisdale?

PN19

MS TISDALE: Certainly.

PN20

THE SENIOR DEPUTY PRESIDENT: It is a statement of service prepared by yourself deposing to the fact that on 18 April you attended at the Carlton Post Office and forwarded to persons identified in a registered posting receipt which is an attachment to this document that you sent the notice of listing. And similarly it deposes to your attending at the same post office and undertaking the same task on 29 April as well as on 2 May. Ms Tisdale?

PN21

MS TISDALE: Thank you, your Honour. We are seeking a finding under section 101 of the Workplace Relations Act between ourselves and this group of employers. If the Commission pleases.

PN22

THE SENIOR DEPUTY PRESIDENT: Can you tell me this, Ms Tisdale. The letter of demand and the log of claims that was served on the two dates, were they in identical terms other than the date of service?

PN23

MS TISDALE: Yes.

PN24

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Loane?

PN25

MR LOANE: Thank you, your Honour. Generally speaking all the things my friend has said have occurred. We certainly have the correspondence of 8 March and 18 April. For the purposes of section 101 of the Act, your Honour, we reject the demand and leave it in your hands.

PN26

THE SENIOR DEPUTY PRESIDENT: Yes. Good, thanks. Now, the only immediate issue you need to address me on is interstateness.

PN27

MS TISDALE: Yes, your Honour. These companies, although their registered address is generally is in Queensland for each of them, they operate across a number of States. The principal place of business are spread across Victoria, New South Wales, Queensland, South Australia, Western Australia and the Northern Territory.

PN28

THE SENIOR DEPUTY PRESIDENT: Do you take issue with that, Mr Loane?

PN29

MR LOANE: Not really, your Honour. If you look at the companies as a whole, yes, there is an interstateness about them. If you look at them independently, they operate - reside in one individual State. But for the purposes of today's exercise, we are prepared to accept that there is interstateness about the application.

PN30

THE SENIOR DEPUTY PRESIDENT: All right. Good. Based on the submissions made and the documentation contained within the file, I am satisfied that there exists in this matter an industrial dispute, the parties to which are the Transport Workers Union on the one hand and each of the recipients of the letter of demand and log of claims which are identified in two documents marked B1 and B2. On the other hand, the matters in dispute arise out of two letters of demand to which logs of claims in identical terms were attached. They are letters of 8 March 2002 and 18 April 2002. The dispute extends beyond the limits of any one State of Australia.

PN31

A finding of dispute in those terms will be reduced to writing and a copy will be provided to the parties. The parties are directed to confer about the matters that are in dispute. Anything further we can usefully do today, Ms Tisdale?

PN32

MS TISDALE: No, your Honour.

PN33

THE SENIOR DEPUTY PRESIDENT: Mr Loane?

PN34

MR LOANE: Thanking your Honour, no.

PN35

THE SENIOR DEPUTY PRESIDENT: The Commission now adjourns.

ADJOURNED INDEFINITELY [1.07pm]