C2001/6561, Transcript of Proceedings [2002] AIRCTrans 202 (8 January 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT01951

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2001/6561

AUSTRALIAN LIQUOR, HOSPITALITY
AND MISCELLANEOUS WORKERS UNION

and

AUSTRALIAN CONCESSIONS MANAGEMENT

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

MELBOURNE

3.12 PM, FRIDAY, 21 DECEMBER 2001

PN1

MR R. WATTS: I appear on behalf of the ACTU and the ALHMWU.

PN2

MR M. SERONG: I seek leave to appear for the administrators of Ansett Australia Limited; Australian Concessions Management is a division of Ansett Australia Limited.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Mr Serong, leave is granted. I should explain for the purpose of the record that this notification was lodged today. Whilst arrangements had been made by myself with Deputy President Leary to list the matter next week, if necessary, it has become known to me that Mr Watts is authorised by the union to represent the union, and Mr Serong who is in attendance for the administrator is in a position to deal with matters today. So I brought the matter on quickly. Mr Watts, what is the position in respect of this?

PN4

MR WATTS: Thank you, your Honour. The position, as I understand it, is that there is now a concession on the part of the administrator for Ansett Group of Companies in administration that the employees of Australian Concessions Management are, indeed, employees of Ansett Australia Limited and for that purpose are employee creditors of Ansett Australia Limited. This is an issue which has been previously dealt with in C number 4937 of 2001 where such concession was given. There has been considerable confusion since 3 October 2001 when the administrators in writing to Deputy President Leary recognised that these persons are employees of Ansett Australia. There has been some confusion since that time and, in fact, that continues to be the case. It now appears as if we can put that issue to rest.

PN5

The difficulty, however, is compounded in that these employees appear to have fallen through a crack in the administration process. They have not been treated to date as employee creditors. They have not received any correspondence or applications to apply for redundancy or to, indeed, have an opportunity to vote at any creditors' meetings and that has caused some considerable concern and frustration to these employees.

PN6

What we propose, your Honour, is that these - there be an agreement that these employees, and I understand that the administrator concedes to this, that the employees be placed on annual leave until 7 January 2002 and that in the interim the parties will discuss the possible transfer of these employees to a new entity. And there is an issue regarding the status of the employees from 12 September until today regarding the stand down arrangements as to whether or not the stand down of these employees without pay lends any obligation for payment on the part of the administrator.

PN7

That is an issue that the administrator and the ACTU and the union will continue to discuss in early January, and we hope that we can come to some resolution. I can give an undertaking, however, that in relation to - insofar as that undertaking is binding, that the union and the ACTU will not pursue any payments for periods for those employees that are stood down from today onwards and, if there is subsequently an application on the part of the administrator to stand those employees down who are not operationally required, we would not oppose a retrospective date from today.

PN8

We think that that would address the issues that flow from this dispute notification and will allow the employees some ability to have issues resolved, including the issue of the possible payment of any redundancy payments to employees which will be subject to discussions between the ACTU, the union and the administrator. Our primarily objective with these people is to ensure that they have continued employment with the new entity and we will assist as far as we can any process to ensure that that takes place.

PN9

Having said that, there are a number of employees who have been stood down from 12 September and have not been gainfully employed since that time, and others who have had long periods of - without work and that there are issues there that the administrator and the union and the ACTU will need to discuss prior to the matter being relisted. And we would seek to have this matter relisted some time following those discussions, and at this stage we don't seek a date but in early new year, hopefully with some agreement in place with the administrator, we would seek another date to put these outstanding issues to bed. If the Commission pleases.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Watts. Mr Serong.

PN11

MR SERONG: Your Honour, without canvassing everything that my friend has said, we are in agreement with what he has put to the Commission. There is one minor qualification. As he mentioned, a number of employees of ACM are, in fact, working. The annual leave proposal would apply to those that are not directed to come into work.

PN12

THE SENIOR DEPUTY PRESIDENT: But the others - - -

PN13

MR SERONG: Subject to that qualification, yes, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Thank you, Mr Serong. Yes, very well. It appears the parties have put in place processes to address and resolve the issues raised in the notification. On the basis of the agreed position between the parties - and I take it, Mr Watts, you are in agreement that it would only be those who are not working who would be on annual leave?

PN15

MR WATTS: That is correct, your Honour.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes, very well. So there is, in fact, complete agreement. I will adjourn the matter now. The matter can be relisted at short notice to address any issues arising out of the program of discussions between the parties in early January and, indeed, deal with any related application if one be made arising out of the circumstances of the stand downs. I will adjourn the matter on that basis.

ADJOURNED INDEFINITELY [3.19pm]