C2003/211, Transcript of Proceedings [2003] AIRCTrans 2691 (26 June 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 3236

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2003/2111

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

and

AUSSIE PURE FRUITS PTY LTD

Notification pursuant to section 99 of the Act
of a dispute re non payment of superannuation and
non compliance with AIRC undertakings

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

FRIDAY, 13 JUNE 2003

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [11.45am]

PN1

THE COMMISSIONER: Following the conference with the parties I would call on Mr Neilson to outline the union's position and then I will ask Mr McDougall to respond.

PN2

MR NEILSON: Commissioner, thank you. The discussions that we had with Mr McDougall from the New South Wales Branch's point of view were primarily concerned with the superannuation that remains unpaid. Mr McDougall in our view indicated that he is not able to make the payments that are required of him to satisfy that entitlement. The union indicated to Mr McDougall that previous agreements have been entered into whereby we believe the matter would be resolved and they have not been complied with. That being said, the union is in a position here today that it is obvious that Mr McDougall cannot or will not comply with his obligations to pay the superannuation.

PN3

The union will, I am instructed, quantify the claims for each individual member and file those claims within 14 days. Should Mr McDougall not be in a position to make the appropriate payment with that time we will serve upon Mr McDougall the necessary court documents and proceed down that path. It is an unenviable path from the union's point of view and certainly a costly path. However, given that the matter has gone on since 2001 the union is left with simply no position but to pursue that matter through that course. The second issue, of course, Commissioner, was the draft certified agreement and I have had a quick chat to Mr McDougall about that.

PN4

We would certainly be seeking that some form of recommendation that the agreement be concluded by 9 July, when this matter is next before the Commission, so that perhaps the Commission can set aside five minutes for the certification of the agreement, whereby, of course, the employees if they were to approve the agreement following the necessary statutory requirements. We would envisage that we will contact Mr McDougall early next week with our slight amendments to the document as proposed and seek to have our members approve it and have it filed forthwith.

PN5

So perhaps the date on 9 July could be set aside once that application is filed for the certification of this agreement, if it was approved, and that is the position of the union at this point, Commissioner. Mr Hale might have some comments about the unpaid redundancy pay. If it pleases.

PN6

THE COMMISSIONER: Mr Hale.

PN7

MR HALE: Yes, Commissioner, just briefly. In relation to the issue of the unpaid 10 per cent of entitlements, Mr McDougall has assured us that within a very short space of time the 31 May entitlements will be paid and we would put Mr McDougall on notice that our position has not changed, that the 10 per cent of entitlements becoming due on 30 June 2003 we would be expecting them to be paid on or before 30 June 2003. And should that not happen when we return to the Commission on 9 July we would be seeking to make submissions in relation to the Commission's jurisdiction to make orders which would have an incentive in there that Mr McDougall may find it cheaper to take his loans from his bank. That is all I have really got to say in relation to it, Commissioner.

PN8

THE COMMISSIONER: Thanks. Mr McDougall.

PN9

MR McDOUGALL: With respect to the document - what do we call this document - the certified agreement that Mr Neilson referred to, we would be happy to have it finalised in the time nominated with respect to the outstandings for the non employees. We have substantially complied with the arrangements we made and I am happy to give an undertaking that whatever outstanding cheques have not gone out to the four members that were identified will go out during this next week. Then with respect to the balance of the arrangements we will comply with those arrangements. And with respect to the superannuation I have indicated that we would like time to pay.

PN10

We need to get some professional advice with respect to changes to the regulations in regard to that and I undertake to discuss with Commissioner Harrison or with Mr Neilson during next week after I have received some advice on the subject.

PN11

THE COMMISSIONER: Very well. Thank you. Mr Hale.

PN12

MR HALE: Just on that, we would like to be involved in those discussions as well. We have got members who haven't received their superannuation entitlements.

PN13

THE COMMISSIONER: Okay. Well, I am sure perhaps between yourself and Mr Neilson you can liaise and we will keep you in the loop at least.

PN14

MR HALE: Thank you.

PN15

THE COMMISSIONER: Thanks for those statements. I will adjourn these proceedings until 10 am on 9 July in Melbourne, where I will deal with two matters. One is hopefully the certification of the Barooga Agreement and secondly, we will hear a report-back on the situation in regard to superannuation payments. Thank you. These proceedings stand adjourned.

ADJOURNED UNTIL WEDNESDAY, 9 JULY 2003 [11.53am]