C2003/5507, Transcript of Proceedings [2003] AIRCTrans 4381 (1 October 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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

TRANSCRIPT OF PROCEEDINGS


O/N 4720

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2003/5507

TRANSPORT WORKERS' UNION OF
AUSTRALIA

and

BLUE COLLAR PERSONNEL PTY LTD
and OTHERS

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

MELBOURNE

10.02 AM, TUESDAY, 16 SEPTEMBER 2003

PN1

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

PN2

THE SENIOR DEPUTY PRESIDENT: There do not appear to be any appearances by the employers upon whom the letter of demand was served. We did however receive telephone advice from Sir John McKenzie from Qantas who will not be attending but indicating that Qantas rejects the log of claims and that will be confirmed in writing today, so we know at least one of the companies was served and rejects the log. There are five companies served, is that correct?

PN3

MS TISDALE: That is correct.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Well, perhaps you had better deal with the issue of service and then your submissions. Yes, Ms Tisdale.

PN5

MS TISDALE: Thank you, your Honour. A statement of service in relation to the original letter of demand and log of claims should be on the Commission's file. That was filed with our notification of alleged industrial dispute.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, that was a statement of 28 August 2003?

PN7

MS TISDALE: That is correct.

PN8

THE SENIOR DEPUTY PRESIDENT: By Mr Allen, yes, and that indicates service was executed on five companies, Blue Collar Personnel Pty Ltd, Flexicrew Pty Ltd, Qantas Airways Limited, Workforce International Pty Ltd and Westaff Australia Pty Ltd and there is in the statement of service a registered mail receipt in respect of that company, yes very well.

PN9

MS TISDALE: I have a statement of service in relation to the notice of listing and the form R5 that - - -

PN10

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN11

MS TISDALE: That material was served on 8 September.

EXHIBIT #TWU1 ORIGINAL STATEMENT OF SERVICE DATED 28/08/2003

EXHIBIT #TWU2 STATEMENT OF SERVICE DATED 16/09/2003

PN12

THE SENIOR DEPUTY PRESIDENT: That indicates that each of the proposed employer parties to the dispute was served with notice of today's proceeding and attaches registered mail receipt.

PN13

MS TISDALE: Thank you, your Honour, and we are seeking a finding of dispute today. The finding relates to the letter of demand and log of claims that was served on the employers on 22 August. That service was carried out by registered post and the employers were served at their registered address. None of the employers have acceded to our demands. I notified the Industrial Relations Commission of the existence of the alleged industrial dispute on or about 28 August and there should be a copy of the log, letter of demand and various supporting documents on the Commission's file.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes.

PN15

MS TISDALE: A notice of listing was received from the Commission on 3 September and on 8 September I served a copy of that notice of listing together with form R5 on the employers. So we are seeking a finding of dispute under section 101 of the Act this morning between the union and the employers who were served with the letter of demand and the log of claims. If the Commission pleases.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Tisdale. This is a section 99 notification of dispute arising out of a letter of demand and log of claims served by the Transport Workers' Union of Australia on five employers on 28 August 2003. In exhibit TWU1 the union has provided evidence of service of the log of claims and a letter of demand upon each of the five employers as evidenced by registered mail receipt. Further in exhibit TWU1 statement of service tendered by the union provides evidence of service of notice of today's proceedings upon each of the five companies and again provides registered mail receipts in respect to each of the companies.

PN17

The letter of demand which was dated 22 August 2003 indicates that unless before 5 pm on Wednesday, 27 August the employers comply with the demand, the union will take steps under the Workplace Relations Act 1996. There is no suggestion that any of the employers has indeed complied with the demand. Each of them was properly served with today's proceedings and had an opportunity to put a contrary position. In respect of one of the employers, Qantas Airways Limited, my associate has received telephone advice that Qantas rejects the log of claims and that will be confirmed in writing today.

PN18

I am satisfied that each of the employers has been served with and not acceded to the letter of demand of 22 August 2003 and in those circumstances I will, pursuant to section 101, make a finding of dispute. The parties to the dispute, the Transport Workers' Union of Australia on one hand and Blue Collar Personnel Pty Ltd, Flexicrew Pty Ltd, Qantas Airways Limited, Workforce International Pty Ltd and Westaff Australia Pty Ltd on the other hand. I am satisfied that the matters raised by the letter of demand and log of claims do invoke an interstate industrial dispute.

PN19

The matters in dispute shall be recorded as being those matters arising from the 22 August 2003 letter of demand and log of claims served by the TWU on each of the employers. The formal finding of dispute will be executed shortly. I now direct the parties to confer with a view to settlement or part settlement of the matters in dispute. I will now adjourn the proceedings.

ADJOURNED INDEFINITELY [10.12am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TWU1 ORIGINAL STATEMENT OF SERVICE DATED 28/08/2003 PN12
EXHIBIT #TWU2 STATEMENT OF SERVICE DATED 16/09/2003 PN12