C2001/3519, Transcript of Proceedings [2002] AIRCTrans 286 (29 January 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

C2001/3519

AUSTRALIAN RAIL, TRAM AND BUS
INDUSTRY UNION

and

BJB JOINT VENTURE and ANOTHER

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

SYDNEY

2.25 PM, WEDNESDAY, 19 DECEMBER 2001

Adjourned sine die

THIS MATTER WAS CONDUCTED BY VIDEOCONFERENCE IN SYDNEY

PN1

THE DEPUTY PRESIDENT: Can I take appearances, please?

PN2

MR A. THOMAS: I appear for the ARTBIU.

PN3

MR K.J. DWYER: I appear on behalf of BJB Joint Venture.

PN4

MR A. NELSON: I appear on CCC Asia Pacific Pty Limited.

PN5

THE DEPUTY PRESIDENT: Mr Thomas, would you like to address the application?

PN6

MR THOMAS: Yes, your Honour. This is a notification of a dispute pursuant to section 99 of the Act. It's a notification of a dispute concerning the failure of the two companies listed in that notification to accede to a letter of demand and a log of claims served by the RTBU. That letter of demand and log are attached to the dispute notification.

PN7

Your Honour, the two companies concerned are, firstly, BJB Joint Venture and CCC Asia Pacific. Your Honour, the BJB Joint Venture, as the name suggests, is a joint venture of three companies who undertake track maintenance work between Tarcoola and Alice Springs and, we understand, may be involved in maintenance of the Alice Springs/Darwin line. The joint venture employs employees involved in those activities.

PN8

I can say, your Honour, that there have been discussions between BJB Joint Venture and the RTBU. There has been an exchange of letters and I would propose, although it's a bit difficult in these circumstances, to forward copies of those to the Commission for the purposes of the file. Indeed, BJB took over work that was done by, I think it was, another company and there are some 149(1)(d) matters in there. I understand, your Honour, that BJB Joint Venture has no opposition to a dispute being found but, in the usual way, reserves its position.

PN9

CCC Asia Pacific, as you've already heard, your Honour, employs locomotive drivers. It then makes those locomotive drivers available on a contractual basis to other companies. We understand at present one of the companies that they make drivers available to is the Australian Railroad Group in Western Australia. Your Honour, clearly those companies are involved in the rail industry. Our rule provides that where a company employs employees in or in connection with the railway industry, whether privately owned or publicly owned, they are eligible to be members of the RTBU.

PN10

Your Honour, the interstateness requirement is satisfied. As you see, the companies are involved in Western Australia, South Australia and the Northern Territory. I note that the application was duly filed and served and it has been done in accordance with the union's rules. it is a genuine dispute in that the union will over time pursue the claims. Your Honour, what we are seeking today is the finding of a dispute pursuant to section 101 and that the Commission refer the parties into conference to discuss the best ways of dealing with the issues in dispute.

PN11

THE DEPUTY PRESIDENT: All right, thank you. Perhaps I can hear from Mr Dwyer first - I understand you're familiar with the log.

PN12

MR DWYER: That's correct. The union is correct in what it has said. There is no objection raised by BJB in respect to the finding of a dispute pursuant to section 101 of the Act; and, of course, that acceptance that a dispute be found is subject to all rights being reserved by BJB as a feature of our consent.

PN13

THE DEPUTY PRESIDENT: All right, that's fine. Thank you. Mr Nelson, this is a repeat of the last one. What is your position here?

PN14

MR NELSON: Our position hasn't changed from the previous matter, your Honour. So what we believe is that we would like time to discuss with legal representatives the statements and the positions that have been put today so that we can be more appraised of all the processes that are occurring.

PN15

THE DEPUTY PRESIDENT: You accept that the log of claims was served on CCC Asia Pacific; you've received that and you're rejecting the claims. Is that your position?

PN16

MR NELSON: Yes, it is.

PN17

THE DEPUTY PRESIDENT: All right. What I propose to do is the same as I did in the previous matter. I will find a dispute on the basis that the union has complied with the rule and the regulations and the requirements of the Act and the Commission, and properly served the log of claims on you and that log is rejected. Your rights, along with the rights of BJB, are protected as to any further action that the union may take.

PN18

On that basis, pursuant to section 101 of the Act, I find that a dispute exists between BJB Joint Venture, CCC Asia Pacific Pty Limited and the australian Rail, Tram and Bus Industry Union. The matters in dispute are those matters are those matters found in the log of claims attached to the letter of demand. The dispute exists in the States of Western Australia, South Australia and the Northern Territory. The parties are directed to confer and to report back to the Commission in due course. The rights of both employer parties served with the log are protected pursuant to the terms of the Act as to any further proceedings. These matters are adjourned and Mr Thomas, I think, is going to forward me some correspondence.

PN19

MR THOMAS: That's correct, your Honour.

PN20

THE DEPUTY PRESIDENT: Could I also just say, in the first, matter, 3514, I forgot to say that the industrial dispute exists in the States of Tasmania and Western Australia.

PN21

On that basis, unless anyone has something else they want to put, the proceedings will be adjourned and the parties are going to report back in both matters in due course. Does anyone have anything else at this stage?

PN22

MR NELSON: No, your Honour.

PN23

THE DEPUTY PRESIDENT: All right. Thank you very much. These proceedings are adjourned.

ADJOURNED INDEFINITELY [2.35pm]