C2003/1064, Transcript of Proceedings [2003] AIRCTrans 1933 (21 May 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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

TRANSCRIPT OF PROCEEDINGS


O/N 2587

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2003/1064

NATIONAL UNION OF WORKERS

and

ARROW LABORATORIES LTD and
OTHERS

Notification pursuant to section 99 of the Act
of a dispute re wages and working conditions

MELBOURNE

10.00 AM, WEDNESDAY, 7 MAY 2003

Continued from 13.3.03

PN18

MS A. PARKES: I appear on behalf of the National Union of Workers.

PN19

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Parkes. There is no appearance for the employer, but I have received from their solicitors, Baker and McKenzie, correspondence dated 6 May which I will mark exhibit R1.

EXHIBIT #R1 LETTER FROM BAKER AND MCKENZIE DATED 06/05/2003

PN20

THE SENIOR DEPUTY PRESIDENT: It refers to today's hearing, advises that the Commission has no objection to the application by the NUW to rope in Arrow Pharmaceuticals and others, that being presumably Arrow Laboratories and Arrow Pharmaceuticals and ACN 094940322 Proprietary Limited which were the parties to the dispute found 13 March. Baker and McKenzie have also indicated they can't attend today's hearing and wish to be excused from attending, and they advise that you, Ms Parkes, have been advised of the proposed course of action.

PN21

I deduce from that letter that the three named employers have been properly notified of the time and date of today's proceedings and that they do not object to the application of the union. Ms Parkes.

PN22

MS PARKES: If it pleases the Commission, your Honour, you certainly note that the correspondence on the file and indeed the union did have a telephone discussion with Chris Ferrier on behalf of the employers in this matter yesterday afternoon and received verbal communication of that advice.

PN23

We would submit, your Honour, that further to the dispute finding made by you on 13 March 2003 in respect of the NUW on the one hand and the three employers, being Arrow Laboratories Limited, Arrow Pharmaceuticals Limited and ACN 094940342 Pty Limited that as part settlement of the dispute that it would be appropriate to grant the union's application to make the roping-in award as sought, and if I could just tender formally a copy of the roping-in award, your Honour. And also - it is somewhat redundant - but if I could also an affidavit that was filed with Registry this morning just attesting that letters have been served on all the companies indicating the union's desire to part settle the dispute in the manner as sought today, and that if there was an appropriate response within a certain timeframe, that the union would then seek to apply to the Commission to have this matter listed for the purpose of today's hearing.

PN24

THE SENIOR DEPUTY PRESIDENT: Perhaps I will mark the draft order NUW1 and the affidavit of Mr Sword exhibit NUW2, and that confirms what is evident from the letter of the solicitors for the three firms and that is that they have been properly notified of the proceedings.

EXHIBIT #NUW1 DRAFT ORDER

EXHIBIT #NUW2 AFFIDAVIT OF MR SWORD

PN25

MS PARKES: We would submit, your Honour, that the proposed roping-in award is standard in its drafting, the first clause giving effect to the title of the award, the second clause outlining the arrangement of the award and the third clause detailing the commencement date of operation of the award. We are seeking that the award would operate from the beginning of the first full pay period to commence on or after today's date, namely 7 May 2003, and that the award remain in force for a period of six months.

PN26

The parties bound to the award at clause 4 read in conjunction with schedule A would be the union and the three employers in this matter in respect to their Victorian operations. There is a standard savings provision at clause 5 and that clause 6 would provide that the parties to the award shall apply the terms and conditions of the Manufacturing Chemists Award 1998 as varied from time to time, and that parent award, your Honour, has been through the simplification process.

PN27

So unless your Honour has any questions, we would submit that in light of the fact that the application is not being opposed, that it would be appropriate for the Commission to grant the application in the terms sought by the union. If the Commission pleases.

PN28

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Parkes. Yes.

PN29

In this matter a dispute finding was made on 13 March 2003 arising from a log of claims. The parties to the dispute were the National Union of Workers, ACN 094940342 Pty Limited, Arrow Laboratories Limited and Arrow Pharmaceuticals Limited. The NUW now seeks to make a roping-in award, roping in the parties to the dispute to the Manufacturing Chemists Award 1998.

PN30

I am satisfied that the three proposed respondent employers have been properly notified of the hearing today. Indeed, in exhibit R1 solicitors for the three employers indicate they have no objection to the dispute finding sought. The draft award proposed is in exhibit NUW1 in fairly standard terms and proposes to apply the conditions of the Manufacturing Chemists Award 1998. That is an award which has been through the simplification process resulting in the consolidated award issued in February 1999 by Commissioner Whelan in print R1285 and as a result I am satisfied that the proposed award deals only with allowable matters.

PN31

In those circumstances, I will make an award in the terms of the draft award proposed by the NUW in exhibit NUW1. That award shall operate from the first full pay period to commence on or after 7 May 2003 and shall remain in force for a period of six months. I will now adjourn these proceedings.

ADJOURNED INDEFINITELY [10.07am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #R1 LETTER FROM BAKER AND MCKENZIE DATED 06/05/2003 PN20
EXHIBIT #NUW1 DRAFT ORDER PN25
EXHIBIT #NUW2 AFFIDAVIT OF MR SWORD PN25