C2003/1314, Transcript of Proceedings [2003] AIRCTrans 2320 (13 June 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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

TRANSCRIPT OF PROCEEDINGS



O/N 2863

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2003/1314

AUTOMOTIVE, FOOD, METALS,
ENGINEERING, PRINTING AND
KINDRED INDUSTRIES UNION
and OTHERS

and

A&J FINE FOODS PTY LIMITED and
OTHERS

Notification pursuant to Section 99 of
the Act of a dispute re wages and working
conditions - log of claims

MELBOURNE

10.06 AM, TUESDAY, 27 MAY 2003

Continued from 1.4.03

PN83

THE COMMISSIONER: Thank you. Can I have the appearances, please.

PN84

MR T. HALE: Commission, I appear on behalf of the AMWU.

PN85

THE COMMISSIONER: Thank you, Mr Hale.

PN86

MR P. EBERHARD: If the Commission pleases, I appear for the Victorian Employers Chamber of Commerce and Industry, and I continue to appear on behalf of those organisations previously advised to the Commission, but in addition, A & J Fine Foods Pty Limited.

PN87

THE COMMISSIONER: Thank you, Mr Eberhard.

PN88

MR T. HALLS: If the Commission pleases, I appear for the Australian Industry Group on behalf of Australian Salad Processing, Lonimar, Josephine La Gourmet, Y & M Freidman, and Southern Canning Pty Limited, which is also known as South Ocean Management Services.

PN89

THE COMMISSIONER: Thank you, Mr Halls.

PN90

MS P. MURDOCK: I am from the Victorian Farmers Federation, and I am continuing to appear for our member, Australian Trout Exports Corporation Pty Limited, if the Commission pleases.

PN91

THE COMMISSIONER: Thank you, Ms Murdock. Mr Hale.

PN92

MR HALE: Yes, Commissioner. First of all, formally on the record I would like to advise the Commission that we are not continuing to proceed with that matter that I had contacted you earlier that was set down for inspections, and that was Mansfields. Following the last hearing on the matter where a dispute was found with a number of companies, we corresponded with the parties representing those companies - the employer associations representing those companies as well as those that were not represented. We sent a letter directly to them. I just tender a copy of that letter, Commissioner.

PN93

THE COMMISSIONER: Yes. I will mark that exhibit H4.

EXHIBIT #H4 LETTER SENT TO EMPLOYER ASSOCIATIONS REPRESENTING A NUMBER OF COMPANIES

PN94

MR HALE: Essentially, with that letter we sent a copy of a proposed draft order and with a schedule A to that draft order, which I have managed to photocopy twice - I do not know how I did it, but I have managed it. And what we were saying in that letter was, we were seeking their consent to that draft order - or draft award - and that should they consent to that, we would consider it as a partial resolution of the dispute.

PN95

Following from that, we did receive some phone calls and some correspondence. Resulting from that correspondence, we agreed not to further pursue the making of an award in relation to Captured Holdings of 2118 Maroondah Highway, Buxton, Victoria; Absel from Newhaven Wharf, Newhaven, Victoria; and ADL Abalone Australia, 15 Speedwell Street, Somerville. The award that we are seeking to have those companies roped into is the Food Preservers Award 2000. I would just like to tender a copy of the coverage of the award.

PN96

THE COMMISSIONER: This is an extract from your constitution, is it?

PN97

MR HALE: No. From the coverage of the award.

PN98

THE COMMISSIONER: Sorry. The award. Okay. Yes.

PN99

MR HALE: Food Preservers Award 2000. The predominant one that we would be relying on in relation to those companies that are involved in the fish preparation and processing would be 6.2.9, elsewhere then in the State of New South Wales, fish preserving, including canning and fish paste processing but excluding gutting or filleting of fish. There is another company that was involved in the processing of pizzas, and we would be relying there - 6.2.11 there, Commissioner - the preparation and processing of prepared meals in preserved or frozen form.

PN100

We prepared another consent draft award removing those companies that I advised a minute ago that we would no longer be pursuing. So, if I could tender a copy of that proposed consent award.

PN101

THE COMMISSIONER: I will mark this exhibit H5.

EXHIBIT #H5 CONSENT DRAFT AWARD REMOVING THOSE COMPANIES THAT WOULD NO LONGER BE PURSUED IN THE MATTER BY THE AMWU

PN102

MR HALE: What we are seeking today, Commissioner, is for the Commission to make an award as partial settlement of the dispute in the terms set out in that consent draft award. Thank you.

PN103

THE COMMISSIONER: Thank you, Mr Hale. Mr Eberhard.

PN104

MR EBERHARD: Commissioner, firstly, can I confirm at least one of the comments that Mr Hale has made, and that is in regards to Mansfields. The Commission would be aware that originally the Commission had set aside today for inspections of the premises and also for the hearing of argument with respect to whether a dispute could be found. That is no longer necessary, given the AMWU's agreement to not pursue a dispute finding against Mansfields.

PN105

Can I also advise the Commission that with respect to the organisations that VECCI represents, we have corresponded with the AMWU and have advised them - and I will provide a copy of that correspondence for the Commission. And, Commissioner, we have advised that there were a number of companies that we represent that would be opposing the making of the roping-in award as sought by the AMWU in these proceedings. Can I also add that another company has also come to my notice that would also be opposing the making of the roping-in award, and that is A & J Fine Foods Pty Limited, 49-51 Mologa - M-o-l-o-g-a - Street in Heidelberg West, 3081.

PN106

With respect to that, I have had some discussions with Mr Hale, and our agreed position for the Commission's benefit is that VECCI would not be opposing the making of the roping-in award as sought with respect to - apart from those organisations that we oppose the making the roping-in award as a result of the correspondence and the information provided to the AMWU. And if we could set a process down in place into the future where we can have discussions and/or arguments before yourself as to whether or not an award should be made against those companies that we have notified the AMWU that we would be opposing the making of the roping-in award, if the Commission pleases.

PN107

THE COMMISSIONER: Thank you, Mr Eberhard. Do you represent - well, perhaps can you tell me those companies that you do represent that do not object?

PN108

MR EBERHARD: I think there is actually one - Pacific Potato Cakes Pty Limited, 14A Redgum Drive, Dandenong, 3175. And they are about two-thirds of the way down the page on schedule A in H5.

PN109

THE COMMISSIONER: Yes. Thank you. Mr Halls.

PN110

MR HALLS: Thank you, Commissioner. Commissioner, we will not be opposing the making of a roping-in award in the terms sought by the AMWU in relation to four of the five companies that we represent. Those four companies are: Australian Salad Processing, Lonimar, Josephine La Gourmet, and Y & M Freidman. In respect of those companies we do not oppose the making of the roping-in award. However we do have an objection in relation to Southern Canning, also known as South Ocean Management Services. We do not believe that the Food Preservers Award 2000 adequately covers the type of work that is performed by this organisation. They are engaged in provision of fresh, frozen and canned molluscs, and on that basis we believe that a more appropriate award is most likely the Fish Industry Award.

PN111

And what we would be seeking from the Commission would be to have that matter set down at a later date, just supporting the submission that has been made by VECCI so that a full argument can be made in respect of that. We may also be seeking to lead witness evidence in respect of that matter, if the Commission pleases.

PN112

THE COMMISSIONER: Thank you. Ms Murdock.

PN113

MS MURDOCK: On behalf of our member, we will not be opposing the implications of the roping-in award, if the Commission pleases.

PN114

THE COMMISSIONER: And you represent Australian Trout Exports.

PN115

MS MURDOCK: Yes.

PN116

THE COMMISSIONER: Mr Hale.

PN117

MR HALE: Yes, Commissioner. We would not oppose the process as proposed by VECCI in the AIG. We would think that there may even be some need for inspections in relation to these companies. I am not sure of the - Mr Eberhard's companies, but in relation to Southern Canning, I think they are down at Portland. I am just trying to see - Lonimar is in Kensington, so that is - sorry. Lonimar is in anyway. One is at Geelong - Mantzaris. A & J Fine Foods is at Heidelberg. Abalone Fisherman's Co-op is at Mallacoota. So, it would seem that we would not be doing all the inspections on the one day if we were travelling from - should the Commission decide that inspections are necessary. Arrow Fisheries is also down at Portland. But there is - well, there is considerable distance between Mallacoota and Portland, I guess is what I am saying.

PN118

THE COMMISSIONER: Yes. Well, perhaps we could talk about the detail of inspections if required off the record at some time.

PN119

MR HALE: Yes.

PN120

THE COMMISSIONER: I think for the purposes at least for today's proceedings I can proceed to make a roping-in award by consent with a number of the companies that have been agreed to, and then perhaps talk in a private conference about the process beyond today.

PN121

MR HALE: Yes.

PN122

THE COMMISSIONER: I just might take a moment to mark my schedule. Now, could I ask, is anybody representing A&S Katos and Sons? Abalone Fisherman's Co-operative at Mallacoota?

PN123

MR EBERHARD: That is ours.

PN124

THE COMMISSIONER: That is yours. Okay. That is objected to. Does that have another name, Mr Eberhard?

PN125

MR EBERHARD: Not that I am aware of, Commissioner, no.

PN126

THE COMMISSIONER: Does anybody represent Cherax Pty Limited at Heathcote? Has the union heard from that company?

PN127

MR HALE: No, Commissioner.

PN128

THE COMMISSIONER: Eels Australis at Skipton? Hearn Fishing Industries at Warrnambool? Milburn Heights Pty Limited? QANPEX at Braybrook? Seapack Melbourne, Port Welshpool? Stambo's Pty Limited at Thomastown? Okay. Well, as I indicated, I will proceed to make a roping-in award for those companies who have either consented or by their silence I take it also not objected to a roping-in award. And following that I will confer with the parties as to a process whereby those companies who have objected can be heard and if necessary arrange inspections.

PN129

In respect of the first matter, the Commission hereby will make an award to be known as the Food Preservers Roping-in Award Number 2 of 2003. The parties bound by the award will be the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and its members and the following employers: A & S Katos and Sons of 54 Cowie Street, Geelong North, Victoria; Australian Salad Processing Pty Limited, 1095 Aviation Road, Werribbee South, Victoria; Australian Trout Exports Corporation Pty Limited, 18/128 Canterbury Road, Kilsyth, Victoria; Cherax Pty Limited of number 10 Warrowitue Forest Road, Heathcote, Victoria; Eels Australis, 35 Cleveland Street, Skipton, Victoria; Hearn Fishing Industries, 47 McMeerin Road, Warrnambool, Victoria; Milburn Heights Pty Limited, Benambra Road, Nariel, Victoria; Lonimar Australia, 6 Fink Street, Kensington, Victoria; Josephine La Gourmet Pty Limited, 23 Nellburn Road, Moorabbin, Victoria; Pacific Potato Cakes Pty Limited, 14A Redgum Drive, Dandenong, Victoria; QANPEX Australia, 4/4 Lacy Street, Braybrook, Victoria; Seapack Melbourne, 1-5 Lewis Street, Port Welshpool, Victoria; and Stambo's Pty Limited, 20-34 Longview Court, Thomastown, Victoria.

PN130

The award will come into operation from the first pay period to commence on and from today's date and will remain in force for a period of six months.

PN131

MR HALLS: Commissioner.

PN132

THE COMMISSIONER: Sorry.

PN133

MR HALLS: My apologies, Commissioner, for interrupting, but I just wanted to alert you to the effect I do not think Y & M Freidman were contained within that list.

PN134

THE COMMISSIONER: I am sorry. I have overlooked that. My tick looks like a cross. I will add to the schedule of employers Y & M Freidman Pty Limited, 6-8 Arnold Street, Cheltenham, Victoria. A formal order giving effect to this decision will issue, and these proceedings will stand adjourned.

ADJOURNED UNTIL THURSDAY, 14 AUGUST 2003 [10.41am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #H4 LETTER SENT TO EMPLOYER ASSOCIATIONS REPRESENTING A NUMBER OF COMPANIES PN94
EXHIBIT #H5 CONSENT DRAFT AWARD REMOVING THOSE COMPANIES THAT WOULD NO LONGER BE PURSUED IN THE MATTER BY THE AMWU PN102