C2003/5606, Transcript of Proceedings [2003] AIRCTrans 4348 (1 October 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 4688

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C2003/5606

THE AUSTRALIAN WORKERS' UNION

and

WARNER BROS MOVIEWORLD

Notification pursuant to section 99 of the Act
of a dispute re redundancy of full-time
position

MELBOURNE

4.20 PM, MONDAY, 15 SEPTEMBER 2003

THIS HEARING WAS CONDUCTED BY VIDEO LINK-UP AND RECORDED IN MELBOURNE

PN1

MS T. LANE: I appear on behalf of The Australian Workers' Union.

PN2

MR ASPROMOURGOS: I seek leave to appear on behalf of Warner Village Theme Parks.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Ms Lane, what is it all about?

PN4

MS LANE: Thank you, your Honour. This is a dispute with regard to an AWU member who is working at Sea World Enterprises on the Gold Coast. The dispute surrounds Mr Parker's employment. He has been transferred from full-time to part-time. As a result of that, the company sustains that the full-time position is to be redundant. He has been offered a part-time position or his position will become redundant. The AWU believes that this is not a true redundancy. Your Honour, since the notification was filed with your office, the parties have had discussions surrounding an agreement with regards to this member. Those discussions are still ongoing and it is our understanding that the dispute before you may be resolved within the next two to three days. There are just some finalisations to an offer made by the company with regard to our member.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, so what do you want me to do now?

PN6

MS LANE: So, therefore, we would be seeking that we hold a report back conference maybe towards the end of next week, whether that be via a video conference again or in person, your Honour, so that in the event that the parties do not resolve the dispute between themselves.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, all right. What do you say about all that, Mr Aspromourgos?

PN8

MR ASPROMOURGOS: Your Honour, I concur with the submissions made on behalf of the AWU. Certainly I think we are quite hopeful that this matter could be resolved within the next 48 to 72 hours, but as a fall back position, it would probably be useful to have a further report back listed for some time next week.

PN9

THE SENIOR DEPUTY PRESIDENT: Very well. I won't be in Brisbane next week and I won't be in Melbourne, but that doesn't mean I can't organise for the matter to be listed for report back by video and then if any conciliation or further assistance can be rendered by the Commission, we can organise something on a personal basis about that next listing. Is that satisfactory?

PN10

MS LANE: That is satisfactory.

PN11

MR ASPROMOURGOS: Yes, thank you, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: Well, I will organise to list it for - actually, when you say late next week, how late next week?

PN13

MS LANE: Maybe Thursday or Friday of next week.

PN14

THE SENIOR DEPUTY PRESIDENT: Well, actually, on Thursday and Friday I won't be able to do it. I could do it on Wednesday.

PN15

MS LANE: That would be fine, your Honour.

PN16

THE SENIOR DEPUTY PRESIDENT: All right. I will be on a two-hour time difference. Did you want it listed in the afternoon your time?

PN17

MS LANE: That is fine.

PN18

THE SENIOR DEPUTY PRESIDENT: If I list it at say 2.30 your time, that will be 12.30 Perth time. Is there anything else you want to do now, today?

PN19

MS LANE: No, nothing further, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Very well. Mr Aspromourgos?

PN21

MR ASPROMOURGOS: No, your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: Very well, I encourage the parties to continue their discussions and congratulate the parties on the steps they have taken so far to try and resolve the matter themselves. Thank you. The matter is adjourned.

ADJOURNED UNTIL WEDNESDAY, 24 SEPTEMBER 2003 [4.25pm]