C2003/1370, Transcript of Proceedings [2003] AIRCTrans 2012 (28 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 2836

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C2003/1370

NATIONAL UNION OF WORKERS

and

LEMNOS FOODS PTY LTD and
ANOTHER

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

MELBOURNE

1.37 PM, TUESDAY, 25 MARCH 2003

PN1

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

PN2

MR P. EBERHARD: I am from the Victorian Employers Chamber of Commerce and Industry and I appear on behalf of Jindi Cheese Pty Ltd.

PN3

MR MARASCO: I am from the Australian Industry Group appearing on behalf of Lemnos Pty Ltd.

PN4

THE VICE PRESIDENT: Ms Parkes.

PN5

MS PARKES: If it pleases the Commission. Your Honour, this matter is before you pursuant to a notification of an industrial dispute pursuant to section 99 of the Workplace Relations Act 1996 which has been lodged by the National Union of Workers. The union seeks two things today, your Honour: first, a finding of dispute pursuant to section 101 of the act and second, a direction from the Commission that the parties to the dispute confer as to part settlement or full settlement of the dispute. If I could take the Commission to the alleged facts of the dispute.

PN6

The basis of the finding sought is to be found in a letter of demand and log of claims which was served by the union on Jindi Cheese Pty Ltd and Lemnos Foods Pty Ltd on 26 February 2003 by prepaid certified mail. The letter of demand and the log of claims gave the employer seven days to respond positively to the demands and claims contained therein and there has been no agreement to these demands, either within the seven days or since that time frame. Accordingly, the Commission was notified of a dispute on 11 March 2003 and attached to that notification was an affidavit of service of the letters of demand and log of claims by the General Secretary of the Union, Mr Greg Sword.

PN7

That should be on the file before you, your Honour, and this attests to the service of the letter of demand and log of claims. Subsequent to the notification of the dispute the union received from the Commission, via facsimile, notice of this hearing. It may not be on the file before you but we do have a further affidavit which attests to service - a copy of an affidavit which attests to service of the notice of listing in the information sheet in accordance with R5 and in any event the two companies are represented by the employer respondents today, your Honour.

PN8

The union would submit that there is a dispute in existence between the union and Jindi Cheese Pty Ltd and Lemnos Foods Pty Ltd; that the process followed has been legitimate with valid service of the log of claims and letter of demand and that also that the two companies employ persons eligible to be members of the NUW. We would further submit that the area of the dispute exists within the State of Victoria. In conclusion, your Honour, I would reiterate the union is seeking a finding of dispute pursuant to section 101 of the Act and seek a direction that the parties to the dispute confer. Unless your Honour has any questions that would conclude the union's submissions. If the Commission pleases.

PN9

THE VICE PRESIDENT: Thank you, Ms Parkes. Mr Eberhard, do you want to go first this time?

PN10

MR EBERHARD: Your Honour, just four very quick matters. Firstly, acknowledge receipt of the log of claims, reject the claims that are attached therein, would not oppose that a dispute finding in accordance with the Workplace Relations Act be found, and fourthly and finally, we would reserve our rights with respect to any future applications made by the NUW with respect to this particular application. If the Commission pleases.

PN11

THE VICE PRESIDENT: Thank you. Mr Marasco.

PN12

MR MARASCO: If the Commission pleases Lemnos would not dispute the finding of dispute which is sought by the NUW. We would not also dispute a direction from the Commission that parties confer as to part settlement of that dispute. If the Commission pleases.

PN13

THE VICE PRESIDENT: All right, thank you. Well, on the basis of the material before me I find that there is in existence an industrial dispute within the meaning of the Act. The parties to the dispute are the National Union of Workers on the one hand and Lemnos Foods Pty Ltd and Jindi Cheese Pty Ltd on the other hand. The subject matters which are in dispute, insofar as they are industrial matters within the Act, are as set out in the letter of demand and log of claims served by the NUW, dated 26 February 2003.

PN14

I also find that the dispute exists within the State of Victoria. I will formally record my findings later today and I will direct the parties to confer in relation to the matters in dispute. Nothing further? Thank you. I will adjourn.

ADJOURNED INDEFINITELY [1.40pm]