C2003/3945, Transcript of Proceedings [2003] AIRCTrans 3047 (16 July 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 10454

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2003/3945

SHOP, DISTRIBUTIVE AND ALLIED
EMPLOYEES ASSOCIATION - VICTORIAN
SHOPS INTERIM AWARD 2000

Application under section 113 of the Act to
vary the above award re a change to respondency

MELBOURNE

10.06 AM, WEDNESDAY, 2 JULY 2003

PN1

MR T. KLEMIS: I appear on behalf of Brunetti Cakes and the other eight applicants which are Falls Creek Bakery, Fox's Cakes, Karla Home Made Cakes, MacDonald's Bakery Pty Ltd, Malama Cake Shop, The Lalor Cakebox, The Melbourne Bakehouse and Williamson's Pies.

PN2

THE SENIOR DEPUTY PRESIDENT: They sound to be a very good group of people to represent, Mr Klemis.

PN3

MR KLEMIS: Thank you, your Honour.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you for that. Now, there was an order for substituted service issued and presumably and effected in respect of each of those parties.

PN5

MR KLEMIS: Yes, your Honour. Each of the parties was served by facsimile and I have proof of service with me.

PN6

THE SENIOR DEPUTY PRESIDENT: Thank you for that, Mr Klemis.

EXHIBIT #BIAV1 DOCUMENTATION CONCERNING PROOF OF SERVICE

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, I am satisfied that each of the bodies required to be served by way of my order of 16 June has been properly served and I note that the application itself referred to the consent of the SDA and the SDA has been served with that document and notice of these proceedings.

PN8

MR KLEMIS: Yes, your Honour. I spoke with Mr Ryan this morning from the SDA and he - I believe that that consent letter dated December 2001 could be accepted by your Honour as being sufficient.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes.

PN10

MR KLEMIS: But if there is any query he has offered to fax a further consent this morning.

PN11

THE SENIOR DEPUTY PRESIDENT: No. I am satisfied on the basis of what was schedule B, I think, to your application. That was a letter from Mr Blanthorne, and further, it is plain that the SDA has been served with the notice of the application which clearly indicates the SDA consents. Presumably if there was any issue taken with that the SDA would be here or would have advised me in some other fashion whether they took issue with it.

PN12

Very well. So it is an application in effect to remove the relevant employers in schedule A from respondency to the award.

PN13

MR KLEMIS: Yes, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Well, that application is granted. What should the effective date of that order be, Mr Klemis?

PN15

MR KLEMIS: The date of the award, your Honour. That is what we would be seeking.

PN16

THE SENIOR DEPUTY PRESIDENT: And that is consistent with the consent indicated on 18 December 2001.

PN17

MR KLEMIS: That is so, your Honour. Yes.

PN18

THE SENIOR DEPUTY PRESIDENT: Very well. Well, I will make an order varying the Shop, Distributive and Allied Employees Association - Victorian Shops Interim Award 2000 to remove from the list of respondents those respondents identified in schedule A of your application, Mr Klemis. The order will have effect from the date upon which the award was made.

PN19

MR KLEMIS: Thank you.

ADJOURNED INDEFINITELY [10.11am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #BIAV1 DOCUMENTATION CONCERNING PROOF OF SERVICE PN7