C2002/5142, Transcript of Proceedings [2002] AIRCTrans 4615 (15 November 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

C2002/5142

THE AUSTRALIAN INSTITUTE OF MARINE
AND POWER ENGINEERS

and

DESTINY ABALONE PTY LIMITED
and OTHERS

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

SYDNEY

2.10 PM, MONDAY, 4 NOVEMBER 2002

PN1

THE COMMISSIONER: Could I have appearances, please?

PN2

MR P. REDDAM: I appear for the Australian Institute of Marine and Power Engineers. Appearing with me today is MR A. WILLIAMSON.

PN3

MR M. DIAMOND: If it please the Commission, I seek leave to appear for the respondent which is Pioneer Construction Materials Pty Limited. Appearing with me is MR S. BAIRD from Pioneer.

PN4

THE COMMISSIONER: Yes, thank you, Mr Diamond. Mr Reddam, you are aware that Destiny Abalone aren't being dealt with today for reasons that may have been explained.

PN5

MR REDDAM: Yes, I have heard.

PN6

THE COMMISSIONER: That doesn't mean that a dispute won't be found with them in due course. It's to be read that they are separate from this dispute, obviously, if it applies to them then it's an interstate dispute, being involved with people, or companies, in more than one state. But, anyway, what do you wish to say?

PN7

MR REDDAM: Thank you. A letter of demand and a log of claims has been served upon Southern Shipping Co Pty Limited and Pioneer Construction Materials Pty Limited and I would like to hand up to you, Commissioner, the letter of demand and a log of claims that was sent to the respective employers via registered post.

PN8

THE COMMISSIONER: Thank you.

PN9

MR REDDAM: That was sent on 18 September 2002. A copy of the Australia Post lodgment advice is included. This was also sent by facsimile to Pioneer Construction Material Pty Limited. There was some confusion over the correct address. We sent it to both addresses, at Parramatta and Eastern Creek, to ensure that the correct officer received the documents.

PN10

THE COMMISSIONER: Yes. I won't mark this because it's actually on the file.

PN11

MR REDDAM: Yes, that's good. I would further like to hand up to you, Commissioner, the notice of hearing of the dispute for the log of claims. That was also forwarded by facsimile. A copy of the facsimile transmission report is included and also the Australia Post documentation. We would ask today that the Commission find the existence of an industrial dispute according to section 101 of the Workplace Relations Act.

PN12

THE COMMISSIONER: Mr Reddam, the documents you put to me, particularly the last one, they are documents sent to Southern Shipping and Pioneer. Now, I know we are not dealing - or we haven't got Destiny Abalone here to speak for themselves and therefore I won't say anything adverse in respect of them, but the same letters were also sent to Destiny Abalone, weren't they?

PN13

MR REDDAM: That's correct, yes.

PN14

THE COMMISSIONER: Right. When you seek, on the basis that the demand was not acceded to, when you seek that a dispute be found, at this stage you are seeking it between your organisation and Southern Shipping and Pioneer?

PN15

MR REDDAM: That's correct.

PN16

THE COMMISSIONER: Right. We will get back to the others in a short time. Yes, thank you. Thank you, Mr Reddam. Mr Diamond?

PN17

MR DIAMOND: Commissioner, these proceedings have a delightfully atomistic quality about them. I am just trying to remember the last time I was here on a dispute finding. It's so long ago I have forgotten, but what I do know is that, much as it pains us, we don't think there is any grounds we can oppose it on. So for the first time in living memory, I think we have got to say where the Institute is concerned that we actually consent.

PN18

Just for the Commission's information, because it may become relevant down the track, we have been in detailed discussions about renewal of an EBA with Mr Williamson and his members and it's, I think, likely that those negotiations will be successful and we are likely to be back here in respect of that arising from this matter, I would think. But we don't oppose a dispute finding. It would seem that the provisions of the Act have been met by our observation.

PN19

THE COMMISSIONER: Yes, thank you, Mr Diamond. Mr Reddam, can I just ask you this: What about Southern Shipping? They are not here?

PN20

MR REDDAM: I haven't heard anything from them at all.

PN21

THE COMMISSIONER: Okay, but they have been served?

PN22

MR REDDAM: Yes, that's correct. Yes.

PN23

THE COMMISSIONER: Yes, thank you. Yes, this is a notification by the AIMPE, for short, alleging that an industrial dispute exists between it and several companies. On the basis of the documentation and the submission I am satisfied that an industrial dispute does exist in the way envisaged by the Act. It extends beyond the confines of one state and it arises as a result of the non-accession of a demand on employers of 18 September 2002 to which was attached a number of claims. On that basis, therefore, the Commission will formally issue a dispute finding; the parties to which are the AIMPE, Southern Shipping and Pioneer Construction Materials, for short, and the subject matter of that dispute, so far as they are industrial matters, are those items contained in the log of claims attached to the demands. As I said, a formal finding will issue in due course and in the meantime the parties are referred into conference.

PN24

Mr Reddam, while we are here, have you any views about what we do about the other company?

PN25

MR REDDAM: Destiny Abalone Pty Limited?

PN26

THE COMMISSIONER: Yes.

PN27

MR REDDAM: I believe they are interested in arranging a video conference in the ensuing couple of weeks.

PN28

THE COMMISSIONER: Well, it's a bit more complex than that. I took it that they are opposed to the dispute finding. Now, I won't re-list the matter until you advise me. You might just clarify that. It's hard to imagine that a dispute can't be found, but it's possible that they have got a substantial case to run, in which case it would have to be, I would have thought, conducted in Adelaide. But if it's for purposes of a short programming hearing we could do that even by phone. It doesn't require video conferencing.

PN29

If it's anything more than that we will need to make arrangements for appearances elsewhere. Perhaps you might just investigate and speak to the abalone company to see how substantial is their case or whether it's just their first initial position and they may in fact fall into the same category or take the same attitude as Mr Diamond's clients have. Anyway, you will inform us of that, and on that basis these proceedings are now adjourned. Thank you.

ADJOURNED INDEFINITELY [2.20pm]