C2001/6460, Transcript of Proceedings [2002] AIRCTrans 485 (18 February 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
DX1344 Sydney Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2001/6460

COMMUNICATIONS, ELECTRICAL, ELECTRONIC,
ENERGY, INFORMATION, POSTAL, PLUMBING
AND ALLIED SERVICES UNION OF AUSTRALIA

and

MECRUS PTY LIMITED

Notification pursuant to section 99 of the
Act of a dispute re log of claims - wages
and conditions in the electrical contracting
industry

SYDNEY

11.07 AM, THURSDAY, 31 JANUARY 2002

Adjourned sine die

PN1

THE COMMISSIONER: Can I have the appearance, please?

PN2

MR P. TIGHE: If the Commission pleases, I appear for the Communications, Electrical and Plumbing Union, Commissioner.

PN3

THE COMMISSIONER: Thanks, Mr Tighe. This is your notification.

PN4

MR TIGHE: It is indeed, Commissioner. It doesn't appear that the employer has sent a representative though they've been notified in accordance with the act. Commissioner, if I could follow on in relation to what the organisation has done in relation to this matter but to give you a little bit of insight, Commissioner, Mecrus is a maintenance contracting company and a registered electrical contractor operating in the State of Victoria. They employ some members of the CEPU and I also believe some members of the AMWU in relation to mechanical maintenance.

PN5

The union on 28 November 2001 served a letter of demand and log of claims on Mecrus Proprietary Limited at their registered address demanding that they meet the log of claims of the organisation and seeking acceptance of those claims within seven days. We had no response from the company and understand the position is that they have not sought to respond or accept the claims lodged by the organisation.

PN6

On 7 December, Commissioner, the union notified the Commission of an alleged industrial dispute pursuant to section 99 and lodged the appropriate documentation. On 21 December, the registry notified the organisation that a time and place of hearing had been set in relation to this matter and on 8 January the union notified the company of the time, place and venue of the hearing. All these matters, Commissioner, were by registered mail. The organisation has lodged a statement in relation to the notification pursuant to the act and I believe that's on file. It has the registered mail receipts in relation to that.

PN7

Commissioner, I might point out that that statement signed by myself as divisional secretary had a slight typographical error where in the first line of my statement, there's reference to myself as national secretary of the organisation but in fact, I was using the head of powers under my position as divisional secretary. Commissioner, I hold both of those positions and I'd like to correct that matter and seek the Commission to use its powers to make a technical correction to that statement.

PN8

Commissioner, because the processes that I've outlined to you, the organisation believes that a dispute exists between the CEPU and Mecrus Proprietary Limited and pursuant to sections 99, 101 and 493 because the company is a Victorian company and we've logged only that organisation in relation to the dispute, that a dispute be found between the two organisations. Thank you, Commissioner.

PN9

THE COMMISSIONER: Thanks, Mr Tighe. Pursuant to section 101 and section 493 of the Workplace Relations Act, the Commission hereby determines and finds that a dispute within the meaning of the act exists between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Mecrus Proprietary Limited of 677 Springvale Road, Mulgrave, Victoria. The matters in dispute are those contained within the log of claims and the letter of demand served on the company on 28 November 2001.

PN10

I direct that the parties confer on the matters in dispute and a formal finding of dispute will be attached to the file. These proceedings are adjourned.

ADJOURNED INDEFINITELY [11.11am]