C2003/5734, Transcript of Proceedings [2003] AIRCTrans 4694 (23 October 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LARKIN

C2003/5734

AUSTRALIAN WORKERS UNION

and

MENTONE GIRLS GRAMMAR SCHOOL

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

SYDNEY

10.35 AM, WEDNESDAY, 8 OCTOBER 2003

PN1

MR G. BEARD: I appear on behalf of the Australian Workers Union.

PN2

THE COMMISSIONER: Yes, thank you, Mr Beard. There is no other appearance and I haven't received anything on the file so I will hear your submission.

PN3

MR BEARD: Thank you, Commissioner. I can advise that the single employer subject to today's matter, being the Mentone Girls Grammar School in Victoria, were advised of today's hearing through correspondence forwarded by the union on 23 September this year. The advice was forwarded by registered post and a statement to that effect, together with the receipt for registered post, have been prepared for your file. I also note, Commissioner, that the registry also informed the Girls Grammar School by facsimile - that was on 22 September. So I will had to you a copy of the statement and the registered post receipt.

PN4

THE COMMISSIONER: We will mark that AWU1, thank you.

EXHIBIT #AWU1 STATEMENT AND REGISTERED POST RECEIPT

PN5

THE COMMISSIONER: Yes, whenever you are ready?

PN6

MR BEARD: Thank you, Commissioner. The brief details of the dispute are that on 12 September this year the Assistant National Secretary of the union, Mr Graeme Roberts, authorised the service of a letter of demand and log of claims upon the Mentone Girls Grammar School. It was in regard to employees of the school engaged in the sports ground and garden maintenance industry. The union also enclosed a copy of the form R5 which is in accordance with rule 16 of the Act in regards to a brief explanation of the purpose of the log of claims. The log, Commissioner, was a comprehensive list of claims from the union in regard to wage rates, allowances and working conditions.

PN7

The school was asked to advise the union within seven days that they would agree to apply those demands. The union did not receive any response and on 19 September the formal dispute notification was filed with the Sydney Registry. You will note, Commissioner, the attachments to the notification go into the details concerning the service of the log of claims which was again performed by registered post and the receipt for registered post is included at schedule A. Schedule B is in fact a copy of the letter of demand for the log of claims. Schedule C is a statement signed by myself in regard to the proper service of the correspondence on the school and schedule D is a statement by Mr Graeme Roberts, the Assistant National Secretary of the union, stating that the letter of demand and log of claims was served in accordance with the rules of the union.

PN8

You will note, Commissioner, that there is only one party subject to this particular hearing but as they operate in Victoria the union understands that section 498 of the Act provides the Commission with the jurisdiction to deal with this matter. The union believes that it has the constitutional capacity to cover employees engaged in the sports ground and garden maintenance industry and due to the non-acceptance by this school to the union's claims, Commissioner, we ask that you formally find and record the existence of the dispute in accordance with section 101 of the Act and direct the parties to confer. If it please the Commission.

PN9

THE COMMISSIONER: Yes, thank you, Mr Beard. The matter before me concerns a log of claims served by the Australian Workers Union on the Mentone Girls Grammar School. Details of that service are set out in the papers on the file and also the material tendered by Mr Beard in proceedings today. The union now submits that a finding of dispute should be made and having considered the documents which form the basis of this notification of dispute under section 99 of the Act and having heard Mr Beard in the proceedings today I now make a finding of an industrial dispute within the meaning of the Act in relation to the log of claims and notice of demands served by the AWU, dated 12 September 2003.

PN10

The parties to the dispute are on the one hand the AWU and on the other hand Mentone Girls Grammar School. The matters in dispute are contained in the log of claims and letter of demand, dated 12 September 2003, which are attached to the notification of the alleged industrial dispute. I will make a finding to the effect of this decision and further I would refer the parties into conference in relation to these matters and issues and the matter may be listed again on application of any party to the dispute. If there is nothing further, Mr Beard, I thank you for your submissions and the Commission stands adjourned.

PN11

MR BEARD: Thank you, Commissioner.

ADJOURNED INDEFINITELY [10.42am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AWU1 STATEMENT AND REGISTERED POST RECEIPT PN5