C0089/099, Transcript of Proceedings [2003] AIRCTrans 1401 (15 April 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT2185

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C No 890 of 1999

GARDNER MERCHANT CONTRACT CLEANING (VICTORIA)
INTERIM AWARD 1998

Review under Item 51, Part 2, Schedule 5,
Transitional WROLA Act 1996 re CTS Case
Description: item 51 review

MELBOURNE

11.51 AM, TUESDAY, 1 APRIL 2003

PN1

THE SENIOR DEPUTY PRESIDENT: Good morning, Ms Frenzel.

PN2

MS FRENZEL: Good morning, your Honour.

PN3

THE SENIOR DEPUTY PRESIDENT: You appear for the union?

PN4

MS FRENZEL: I do, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: And there is a letter from Sodexho saying that they are unable to appear today.

PN6

MS FRENZEL: That is right, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: What do you want me to do?

PN8

MS FRENZEL: Well, I might indicate that we have got no objection to the setting aside of the Gardner Merchant Contract Cleaning (Victoria) Interim Award 1998.

PN9

THE SENIOR DEPUTY PRESIDENT: That is good because that is what I had in mind.

PN10

MS FRENZEL: But we do want to rope this company in to the Building Services (Victoria) Award 2003.

PN11

THE SENIOR DEPUTY PRESIDENT: Well, you will need to make an application.

PN12

MS FRENZEL: I did indicate to Ms Nunn, and unfortunately I did not get a copy of her correspondence, even though it does say it was cc'd to me. I did indicate too that we would be making the application and I am wondering, given that her intention is set out in the second last paragraph of her letter - - -

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, it does not go quite so far as being a consent to being roped-in, does it? I looked at that and I thought I could not make a roping-in award on the basis of that, I don't think.

PN14

MS FRENZEL: Well, your Honour, we are quite happy to have the award set aside and we will make another section 111(1)(b) application to rope them in to the 2003 award.

PN15

THE SENIOR DEPUTY PRESIDENT: I think that is the best way to proceed. They don't employ anybody relevantly at the moment. This award has no application so there is no burning urgency.

PN16

MS FRENZEL: No, unlike the last time when we created the interim award where there was a burning urgency, yes.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes.

PN18

MS FRENZEL: Yes.

PN19

THE SENIOR DEPUTY PRESIDENT: I seem to remember those days.

PN20

MS FRENZEL: Actually it was a very interesting case because what happened was they - Gardner Merchant secured a total facilities contract with Orica which covered cleaning, catering, a little bit of pest control, those sorts of things, everything around building services except for security. And they tendered on the basis of the industry sector rates on the basis that they were not roped-in and it caused a great - as you could imagine, it caused a great hoo hah down at the Orica building. So we notified - served a log, notified a dispute and had an interim award made.

PN21

And the - when Sodexho say that the Gardner Merchant Award only applied for one week, they have actually got it a touch wrong because the operation of the Gardner Merchant Award was, in effect, a roping-in award to Building Services. So the Gardner Merchant Award continued to apply for the length of that contract as opposed to what they say. But, no, it was an interesting matter at the time, your Honour and that is just a bit of history.

PN22

THE SENIOR DEPUTY PRESIDENT: Yes.

PN23

MS FRENZEL: We have got no objection to the award being set aside and we will make the necessary application for roping-in in due course.

PN24

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Frenzel. The Gardner Merchant Contract Cleaning (Victoria) Interim Award 1998 will be set aside by consent from today's date and I await the application for the making of an interim award. Thank you, Ms Frenzel.

ADJOURNED INDEFINITELY [11.34am]