C2003/1865, Transcript of Proceedings [2003] AIRCTrans 3179 (24 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 3664

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER MANSFIELD

C2003/1865

TRANSPORT WORKERS' UNION
OF AUSTRALIA

and

AE (BEN) DREW PTY LTD
AND OTHERS

Application pursuant to section 99 of the
Act of a dispute re log of claims

MELBOURNE

1.01 PM, FRIDAY, 11 JULY 2003

Continued from 13.6.03 in Adelaide
before Senior Deputy President Polites

THIS HEARING WAS CONDUCTED BY VIDEO CONFERENCE
AND RECORDED IN MELBOURNE

PN514

MS J. TISDALE: I appear on behalf of the Transport Workers' Union.

PN515

MR J. UPHILL: I appear on behalf of Broome International Airport.

PN516

THE COMMISSIONER: It is actually afternoon over here, but we will probably operate on Melbourne time, I think, seeing that the matter is being heard here. But good to see you. This is an application by the Transport Workers' Union of Australia for roping-in an employer, A (Ben) Drew Pty Ltd to a Transport Workers' Union Award. I will ask Ms Tisdale to give us a report.

PN517

MS TISDALE: Thank you, Commissioner. I would just note that the organiser responsible for this site, Mr Rick Burton, is also in the Registry in Perth with Mr Uphill. We served a number of draft orders on the employer recently with the intention of having a number of awards made by the Commission. We have agreed to adjourn our roping-in application on the basis of discussions that have been held between Mr Burton and Mr Uphill and a representative of Broome International Airport.

PN518

The substance of those discussions, they have resulted in an agreement to the effect that the union will address the employees at Broome International Airport and that will be facilitated by the company to seek the employees agreement to negotiate an agreement under section 170LJ between the company and the union. There is already in train, we understand, negotiations and I believe there has been a vote taken in relation to an agreement made under section 170LK and the employees approval will be sought to go through that process again and turn the agreement into a union agreement.

PN519

We believe that the majority of the employees will support that course of action and the union does have a significant number of members employed at Broome International Airport. We would then intend, if that all goes to plan, that the application will be lodged and then subsequently after that matter is tidied up, that we will seek this matter to be brought back on so that appropriate awards can be put in place. If the employees do not support the course of action that I have just outlined, it is my understanding the company will intend to pursue their agreement made under section 170LK, and that the union will apply to become a party to that agreement.

PN520

And I will send the necessary letters to that effect to the company and the Commission as a precaution, but we are confident that this matter will be resolved in a matter that is satisfactory to all concerned and will result in an enterprise agreement being certified in the Federal Commission and a number of roping-in awards made subsequently.

PN521

THE COMMISSIONER: Thank you, Ms Tisdale. Whilst you are on your feet, what is the status of your application for a roping-in award? Is there an award covering this particular employer at this time?

PN522

MS TISDALE: It is my understanding that there is no federal award. It would also be my understanding, although Mr Uphill might have a different view on this, that there would be no appropriate State award at least covering all of the work. There is a wide variety of tasks that these employees do, everything from fire fighting to ground handling to catering work and refuelling, so there would need to be, I imagine, some designated federal award put or an application made to designate a relevant award as part of the certification process of the agreement.

PN523

THE COMMISSIONER: But at the present time, the Transport Workers' Union wants to stand aside its application for a roping-in award.

PN524

MS TISDALE: That is correct. To adjourn it to give an opportunity for these other matters to resolve themselves. I note that the file that this matter was excised from is back before his Honour SDP Polites on 25 August for the making of roping-in awards. We would be happy for the matter to stay with you, Commissioner, or to go back to SDP Polites, whatever is convenient for yourself.

PN525

THE COMMISSIONER: Thank you Ms Tisdale. Well, if the union at an appropriate time and the employer could keep us advised of developments depending on when they occur, it may be appropriate that the matter go back to SDP Polites or alternatively stay with me. Mr Uphill, would you like to make some submissions on record please?

PN526

MR UPHILL: Yes, Commissioner, I am happy to do that. Basically I confirm the remarks made by Ms Tisdale and specifically there were some useful discussions yesterday here in Perth involving Kim Maisey, the CEO of the company and also Mr Rick Burton, and it has centered on the question of a certified agreement covering the employees and whether that agreement be 170LJ agreement or a 170LK agreement. I don't think the content of the agreement is in dispute, it is more that fundamental question that we need to resolve.

PN527

And with that in mind, I understand that both the company and the union through Mr Burton, will be addressing employees later this month and it is anticipated to be in the week commencing about 28 July. And as a result of that meeting and ascertaining the views of employees, we should be in a position to know how we will proceed with a certified agreement. Given that position, Commissioner, we would have no objection to the roping-in application being adjourned and to keeping you advised as to how we are progressing with the matter.

PN528

THE COMMISSIONER: Thank you Mr Uphill. I haven't any other questions to ask. Ms Tisdale, do you wish to put anything else on the record.

PN529

MS TISDALE: No, Commissioner.

PN530

THE COMMISSIONER: Thank you. Mr Uphill, I take it that you are completed as well.

PN531

MR UPHILL: That is correct.

PN532

THE COMMISSIONER: Good. Well, this matter will be adjourned to a date to be fixed. I would ask the parties to keep the Commission involved on developments and depending on the timing of those, this matter may well come back to myself or Senior Deputy President Polites. This matter is now adjourned.

ADJOURNED INDEFINITELY [1.08pm]