C0034/299, Transcript of Proceedings [2002] AIRCTrans 2180 (13 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04231

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GAY

C No 00342 of 1999

THE TRANSPORT WORKERS (CRUDE OIL
DISTRIBUTION) AWARD, 1986

Review under Item 51, Schedule 5,
Transitional WROLA Act 1996 re
conditions of employment

MELBOURNE

10.14 AM, THURSDAY 30 MAY 2002

PN1

MS S. LEARMONTH: I appear for the Transport Workers Union.

PN2

THE COMMISSIONER: Yes, Ms Learmonth.

PN3

MS LEARMONTH: Commissioner, I might just bring you up to speed although - - -

PN4

THE COMMISSIONER: That will take some time, Ms Learmonth.

PN5

MS LEARMONTH: Well it might, although not a lot has occurred since 2000 by the looks of the file that I have got. On 14 September 2000 the Transport Workers Union wrote to one of the respondent employers which is McIvor Bulk Liquid Haulage and attached a draft simplified award that had been prepared by the Transport Workers Union. The respondent did reply to the Transport Workers Union on 29 September 2000 basically agreeing with the draft that had been proposed by the Transport Workers Union.

PN6

THE COMMISSIONER: Yes. The next bit will be interesting. Yes, Ms Learmonth.

PN7

MS LEARMONTH: Yes. They also sought a couple of points of clarification and unfortunately that is the last piece of correspondence that has occurred between the Transport Workers Union and the respondent and until the draft award that I received from the Registry's Award Simplification Unit, nothing had happened. I have gone through that draft award, the Unit's draft award, and compared it to the existing award as well as the draft award that the TWU had proposed in September 2000.

PN8

There is a couple of amendments that we would be seeking to that and it is really just a question of how to proceed forward. I am happy to try and include those amendments and have them identified within the document, send a draft up to the respondents and seek a date by a certain - seek a response by a certain date and see if we can't get it cleaned up post haste.

PN9

THE COMMISSIONER: Yes. All right. What about these other respondents? I mean they are certainly not replying and it might be that you perpetually cut them from your invitation or your Christmas card list but should they not be given a copy. Are they operating; these people?

PN10

MS LEARMONTH: Certainly. Commissioner, I have approached the branch and asked them to identify whether they are still in business and the membership and that sort of information so I would be looking to send a copy to the other two respondents to the award.

PN11

THE COMMISSIONER: Yes. So it is a three respondent - yes, well I think that is - if it were 1400 you might look for an alternative proper approach but with three it is perhaps not that hard to work out what one might do. All right. Well we will go off the record; have a little conference.

OFF THE RECORD

RESUMED [10.17am]

PN12

THE COMMISSIONER: It has been agreed in a conference that the way in which the liaison will occur between Ms Learmonth and her unit and my office and there then will be - will emerge a single document which can be sent by Ms Learmonth to the respondents and Ms Learmonth. It needs to be made clear that there will be a date when that goes and I think the date should not be a lengthy one into the future, for their response. Certainly I would have thought two or three weeks at the absolute outside - - -

PN13

MS LEARMONTH: Yes, certainly.

PN14

THE COMMISSIONER: - - - to give them a reasonable opportunity, and then you can advise us of any response and an award will issue. All right. We will now adjourn to a date to be fixed.

ADJOURNED INDEFINITELY [10.22am]