C2001/5301, Transcript of Proceedings [2002] AIRCTrans 2154 (13 June 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C2001/5301

CONSTRUCTION, FORESTRY, MINING
AND ENERGY UNION

and

P. DORN, M. TOLICH AND R. PRINCI

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

SYDNEY

11.00 AM, THURSDAY, 30 MAY 2002

Adjourned sine die

PN1

THE VICE PRESIDENT: May I have the appearances firstly in Sydney.

PN2

MR ROBERTS: If the Commission pleases I appear for the CFMEU.

PN3

THE VICE PRESIDENT: Thank you, Mr Roberts, I note there is a video link to Perth and to Melbourne and there are no appearances in either of those cities. Mr Roberts what do you want to say in relation to this matter?

PN4

MR ROBERTS: Your Honour, this matter is a section 99 notification arising out of a log of claims and letter of demand served by the union on various employers in Western Australia and Victoria. That log and letter - the letter of demand was dated 20 September 2001 and that attached to a comprehensive log of claims whereby the union claimed a range of matters in respect of those persons eligible for membership of the CFMEU and we have received copies of some correspondence from persons acting on behalf of the recipients, or some of the recipients, of that log of claims. We have a letter from Mallesons Stephen Jacques solicitors dated 13 February on behalf of CECK Pty Limited Naval Base Garden Supplies and we also have a letter of 12th February 2002 from Helan & Co industrial relations consultants on behalf of CEC Pty Ltd and Dorn,Tolich and Princi trading as Naval Base Garden Supplies.

PN5

It appears that both of those letters have been forwarded to you and in all probability are now on the Commission file. Save for those letters, your Honour, the union hasn't received any response to the log and letter of demand and certainly none of the employers to whom those documents were sent have acceded to the demands set out in those documents. I should perhaps, for the record, hand up a statement by myself dated today indicating that on the 10 May this year I caused to be sent by registered mail details in relation to today's hearing to the various parties served with the log.

PN6

THE VICE PRESIDENT: Thank you, Mr Roberts. Well I have read the correspondence that you have referred to from both Mallesons Stephen Jacques and from Helan & Co both purporting to represent CEC Pty Limited and P Dorn, M Tolich and R Princi trading as Naval Base Garden Supplies. The essence of the concluding parts of the correspondence in each case is that the clients have instructed two organisations not to appear in the proceedings in that they don't wish to be heard in relation to the alleged dispute but they do expressly reserve their rights to make applications pursuant to section 111AAA in the future if necessary.

PN7

On the basis of what you have put, Mr Robertson, the service of the letter of demand and log of claims of 20 September 2001, I am satisfied that there is an industrial dispute in existence within the meaning of the Act. The dispute is in respect of matter set out in the letter of demand and log of claims of 20 September 2001. The dispute exists in more than one state being the states of Western Australia and Victoria and the parties in dispute are the union and those employer parties served with letter of demand and log of claims. I will issue a formal finding of dispute shortly. I will also issue a short decision dealing with this matter. I will now call on the second matter.

ADJOURNED ACCORDINGLY [11.13am]