C2002/3886, Transcript of Proceedings [2002] AIRCTrans 4232 (25 October 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT356

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

C2002/3886

COMMUNITY AND PUBLIC SECTOR UNION

and

WESTAFF ON LOCATION and OTHERS

Notification pursuant to section 99 of the Act
of an industrial dispute re log of claims - wages
and working conditions

MELBOURNE

10.09 AM, THURSDAY, 10 OCTOBER 2002

THE FOLLOWING MATTER WAS CONDUCTED VIA VIDEOCONFERENCE IN MELBOURNE

PN1

THE COMMISSIONER: Now, I am the only one in Melbourne, apart from a visitor. What I will do is I will ask if there is any change in appearances, and as a matter of convenience, please remain seated, it will probably be a bit easier to capture you by camera. So are there any changes in appearances that you want to record at this stage?

PN2

MR A. BRITT: Mr Gallagher announced my appearance with him on the last occasion. Mr Gallagher is not available today.

PN3

MR M. MURPHY: I am from the CEPU on behalf of Mr Benfell.

PN4

THE COMMISSIONER: Now, I have received some of the material. As I understand it, in relation to the matter involving the AIG, there are two paragraphs - I am sorry - this is the new matter, the notification of the log of claims which I have listed for mention. Now, does that wish to join with - or listed with the 10.30 matter as well?

PN5

MR JONES: Commissioner, it is our submission that the alleged dispute between Westaff and Others and the CPSU concerns a similar and related controversy, namely the terms and conditions of employment the CPSU demands be applied to employees of the companies listed in schedule 8 of our notification - - -

PN6

THE COMMISSIONER: Yes.

PN7

MR JONES: - - - where those employees perform work at Telstra premises. We are in the Commission's hands as to how the Commission seeks to proceed with this matter.

PN8

THE COMMISSIONER: Is there any contrary view to that expressed by Mr Jones?

PN9

MR BRITT: Yes, Commissioner.

PN10

THE COMMISSIONER: Yes, Mr Britt.

PN11

MR BRITT: As we understand, notices of listing have not gone out to the respective companies in relation to this matter. We would expect that we would get instructions from a number of those companies which were served a log of claims.

PN12

THE COMMISSIONER: Yes.

PN13

MR BRITT: Primarily, we would expect instructions from Westaff, Prime Placements and Trinity People, but at this stage we do not have those instructions, and in such circumstances any issue of joinder or any further dealing in respect of this matter, we would ask that it be set down for a further mention or directions hearing in the next seven to 14 days. That would enable us to get some instructions.

PN14

THE COMMISSIONER: Yes.

PN15

MR BRITT: In the event that a section 111AAA argument is to be run, in those circumstances, we would issue the appropriate application. That is a matter that we would probably have to revisit in respect to the 10.30 matters, but certainly in respect of this matter, if we are to run a section 111AAA application, we will have to make the appropriate application which then in accordance with section 36 subsection (3) would have to go to the President for allocation.

PN16

THE COMMISSIONER: Yes. The only one you won't be representing is, you expect, Telecommunication Services Australia Proprietary Limited.

PN17

MR BRITT: I certainly have no relationship with that particular company, but we haven't got yet instructions from Westaff, Prime Placements or Trinity People, and I don't intend to mislead the Commission - - -

PN18

THE COMMISSIONER: No, no. I understand.

PN19

MR BRITT: - - - but we expect to get them - we expect to get those instructions.

PN20

THE COMMISSIONER: Yes, very well. Mr Jones.

PN21

MR JONES: Commissioner, we don't press the application for joinder after having heard what my friend Mr Britt has to say.

PN22

THE COMMISSIONER: Yes.

PN23

MR JONES: We have no objection to the matter being called on within seven to 14 days. We ask, however, that if that is the case, that the Commission would offer relief from the rules in relation to service of a notice of listing on those employers so as to bring the matter on before the Commission in a short period of time.

PN24

THE COMMISSIONER: Yes, very well.

PN25

MR BRITT: In relation to that last matter, that is consented to.

PN26

THE COMMISSIONER: Yes, thank you. Very well. I will grant relief from the rules and I will advise the parties - we will list it either the 23rd, 24th or 25th, which are days that are already set aside in Sydney, probably the 23rd might be the most convenient time. I have got some days set aside for a matter, but I will confirm that with the parties as soon as practicable.

PN27

MR BRITT: Thank you, Commissioner.

PN28

THE COMMISSIONER: All right. In which case, I will adjourn briefly so that we can gather our thoughts for the 10.30 matter. Thank you. The matter is adjourned.

ADJOURNED ACCORDINGLY [10.13am]