C2002/4966, Transcript of Proceedings [2002] AIRCTrans 4199 (24 October 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, MLC Court 15 Adelaide St BRISBANE Qld 4000
(PO Box 38 Roma St Brisbane Qld 4003) Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOFFMAN

C2002/4966

TRANSPORT WORKERS' UNION OF AUSTRALIA

and

TNT AUSTRALIA PTY LTD

Notification pursuant to Section 99 of the Act
of a dispute re alleged non payment of crib moneys

BRISBANE

10.33 AM, WEDNESDAY, 9 OCTOBER 2002

PN1

THE COMMISSIONER: Yes, can we have the appearances, thank you.

PN2

MR D. PRIOR: Industrial Officer with the Transport Workers Union Australia Queensland Branch. With me I have DON BARRON, an employee of TNT Express.

PN3

MR S. PATTEN: I appear for TNT Express. I have with me PHILLIP QUIGG and BRENDAN SUMMERFIELD who are supervisory and management staff of TNT Express Brisbane North Depot.

PN4

THE COMMISSIONER: Thanks, Mr Patten. Yes, Mr Prior.

PN5

MR PRIOR: Thank you, Commissioner. We've listed this matter expeditiously and we thank the Commission for bringing the matter on likewise in the circumstances. It relates to 11 employees who allege they have not received payment for crib moneys throughout the course of their employment. I understand that discussions have been ongoing between the parties about the entitlement to that crib money in the circumstances, and I also understand in terms of discussions that have been had between the parties that it was felt prudent to list the matter in the Commission as a dispute for the purposes of having a conference with the company today with your assistance, to avoid the potential for the matter escalating into possible industrial action. Commissioner, they're the only comments that we wish to put on the record at this point. We're happy to break into conference with the company and your assistance.

PN6

THE COMMISSIONER: Thank you. Yes, Mr Patten.

PN7

MR PATTEN: Commissioner, we have no objections to going into conference.

PN8

THE COMMISSIONER: Okay. Does either party anticipate we'll need to go back on the record at this stage?

PN9

MR PRIOR: We broached that subject before you came in. It is perhaps a little difficult at this point, but certainly if there's anything positive or forthcoming from the discussions, it perhaps may be necessary to record that.

PN10

THE COMMISSIONER: Yes, thank you. We'll adjourn to conference.

OFF THE RECORD [10.35am]

RESUMED [11.16am]

PN11

THE COMMISSIONER: I have conferred with the parties jointly and with the Union separately since going off the record. As a result of those discussions the employees will be examining their own pay slips and any other records they have and will then meet with the union officials at that time. Once that has occurred the Union may then seek to confer with the company. If that occurs and then the parties need for the matter to come back before the Commission, they can do so if that's necessary and either party is at liberty to seek to have the matter brought on. Does either advocate have anything they wish to add to that, or say in response to that?

PN12

MR PRIOR: Nothing further from the Union, Commissioner.

PN13

MR PATTEN: Nothing further form the company either, Commissioner.

PN14

THE COMMISSIONER: Yes. On that basis the matter will stand adjourned and Mr Prior, if you would advise my associate in due course what happens with respect to the matter. The Commission stands adjourned.

ADJOURNED INDEFINITELY [11.18pm]