C2003/4886, Transcript of Proceedings [2003] AIRCTrans 4572 (13 October 2003)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SIMMONDS

C2003/4886

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE,
CLERICAL AND SERVICES UNION

and

ANANGU UWANKARAKU PUNU ABORIGINAL
CORPORATION T/AS MARUKA ARTS AND OTHERS

Notification pursuant to Section 99 of the Act
of a dispute re wages and conditions of
employment

MELBOURNE

2.15 PM, FRIDAY, 26 SEPTEMBER 2003

PN1

THE COMMISSIONER: Could I have the appearances, please.

PN2

MR B. O'BRIEN: Commissioner, I appear for the Australian Services Union. Mr Rory Soames, from IR 2000, has written to the Commission. He will not be making an appearance today and his reasons for that should be on the Commission's file.

PN3

THE COMMISSIONER: Yes, I am about to refer to that, Mr O'Brien and I have correspondence from Mr Soames who represents the Anangu Uwankaraku Punu Aboriginal Corporation and Walkatjara Art Uluru Pty Limited, both of whom are the recipients of the log of claims in this matter, and he confirms there is no objections by these employers to the finding of a dispute by this Commission an goes on with some other matters which are not all that relevant at the moment. He indicates he does not intend to attend the dispute finding - or funding, as he calls it - hearing in person due to the cost "but would be grateful to be included on the notification listing in respect of further developments." I think, in those circumstances, Mr O'Brien, we do not expect anyone else so it is over to you.

PN4

MR O'BRIEN: Yes, thanks, Commissioner. This is a dispute notification by the Australian Services Union pursuant to section 99 of the Workplace Relations Act. The dispute arises from the ASU serving a log of claims and letter of demand on two employees in the Northern Territory. The log was served in accordance with the rules of the union and was authorised by the national secretary, Paul Slate, and I would like to hand up a copy of that authorisation for the file but not to be marked necessarily.

PN5

THE COMMISSIONER: Yes, it needs to be marked and I will mark that as exhibit 01.

EXHIBIT #01 LOG OF CLAIMS AND LETTER OF DEMAND

PN6

MR O'BRIEN: Thanks, Commissioner. The ASU served the log of claims by registered post on 18 July 2003. The letter of demand gave 14 days in which the employers were required by the union to accede to the claims within the log. To date the employers have failed to accede to the claims in the log served by the ASU. On 1 August 2003 the ASU notified the dispute to the Victorian registry of the Commission. The dispute notification is accompanied by various documentation which should be on the Commission's file, if I could refer to that.

PN7

There was the actual notice of the alleged industrial dispute. Attached to that would be a declaration of service dated 1 August signed by Michael O'Sullivan, National Executive President. Then would be a notice of fixing time and place for hearing of an industrial dispute as to pro forma. There are two letters both dated 18 July to each respective employer. These are the letters of demand marked with the letter A and also marked with the letter "A" following on from that is an information sheet in the form R5 rule 16 of the Commission's rules.

PN8

There is a log of claims marked with the letter "A" and there is a receipt from the Carlton South post office stating that both organisations were served by registered post on the 17th - it looks like it was incorrectly - it is Friday, 18 July. It should have been Friday, 18 July but I think the date stamp is a bit smudged and it appears to say the 17th. Do you have all those on the file, Commissioner?

PN9

THE COMMISSIONER: Yes, Mr O'Brien.

PN10

MR O'BRIEN: On 22.8.2003, the Commission issued a notice of hearing of dispute notification and requested the ASU notify the relevant parties of the hearing. The ASU has notified the employees of today's hearing by registered post. That was done on 25 August 2003 and I would like to tender a declaration of service to that effect for the Commission's records.

PN11

THE COMMISSIONER: Exhibit 02.

EXHIBIT #02 DECLARATION OF SERVICE

PN12

MR O'BRIEN: The ASU submits that the employers served with the log of claims and the letter of demand have rejected the claims and a dispute should be found pursuant to section 101 of the Workplace Relations Act. The dispute is between the Australian Services Union and the two organisations referred to in the correspondence and the documentation that has been tendered, the notification of dispute etcetera. The dispute relates to all the matters in the ASU log of claims and if the Commission pleases I seek that a dispute be found.

PN13

THE COMMISSIONER: Yes, thank you, Mr O'Brien. Having heard from Mr O'Brien and noting the contents of the matters that are contained on the file, together with the matters contained in exhibits 01 and 02, the Commission, pursuant to section 101 of the Workplace Relations Act 1996 determines and records and finds as follows: (1) that there is in existence an industrial dispute within the meaning of the act; (2) the parties to the dispute are the Australian Municipal, Administrative, Clerical and Services Union on the one part and Walkatjara Art Uluru Pty Ltd of the Mitujulu Community via Yulara, Northern Territory and the Anangu Uwankaraku Punu Aboriginal Corporation trading as Maruku Arts and the CMA Ininti Store, Uluru, Northern Territory on the other part.

PN14

The subject matters which are in dispute insofar as they are industrial matters within the Act as set out in the letter of demand and log of claims from the National Secretary of the Australian Municipal Administrative and Clerical Services Union dated 18 July 2003 and the dispute exists within the Northern Territory. And that finding will be reduced to writing and placed on the file in this matter. Yes, Mr O'Brien, what do you want done with it.

PN15

MR O'BRIEN: Thank you, Commissioner. If the Commission pleases I seek leave to make an oral application.

PN16

THE COMMISSIONER: Well, we will stop you there. We will just go off the record if we could.

OFF THE RECORD [2.24pm]

RESUMED [2.27pm]

PN17

THE COMMISSIONER: Mr O'Brien, I think the appropriate course is that I direct that the parties to this dispute finding confer with the view to reaching agreement in respect of the matter and should that agreement be reached or should the assistance of the Commission be required in attempting to conciliate the matter or in some other form, it would be a simple matter to ask for this matter to be called back on and we can deal with that as appropriate.

PN18

MR O'BRIEN: Yes, thanks, Commissioner.

PN19

THE COMMISSIONER: And I so direct. The proceedings are adjourned on that basis.

ADJOURNED INDEFINITELY [2.28pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #01 LOG OF CLAIMS AND LETTER OF DEMAND PN6
EXHIBIT #02 DECLARATION OF SERVICE PN12