C2002/282, Transcript of Proceedings [2003] AIRCTrans 482 (13 February 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

C2002/282

AUSTRALIAN MARITIME OFFICERS UNION

and

VANGUARD FLOATING PRODUCTION (AUSTRALIA)
PTY LIMITED AND ANOTHER

Notification pursuant to section 99 of the Act
of an industrial dispute re failure to agree
to log of claims

SYDNEY

12.14 PM, THURSDAY, 30 JANUARY 2003

PN1

THE COMMISSIONER: Can I have the appearances, please.

PN2

MR J. WYDELL: If the Commission pleases, I am a solicitor and I appear for the Australian Maritime Officers Union.

PN3

MS C. HOLMES: Commissioner, I seek leave to appear on behalf of the Total Marine Company in this matter.

PN4

THE COMMISSIONER: Yes, Mr Wydell?

PN5

MR WYDELL: Thank you, Commissioner. Brad George, our Industrial Officer in the West normally has carriage of this matter but unfortunately is on holidays so I've been asked to appear on his behalf. I'm instructed that the facts are these. That on 14 November 2002, the AMOU served Vanguard Floating Production (Australia) Pty Limited and Total Marine Services Pty Limited with a letter of demand and attached to that letter of demand was a log of claims by prepaid normal post.

PN6

The letter of demand required Vanguard Floating Production (Australia) Pty Limited and Total Marine Services Pty Limited to agree to specify wages and conditions and allowances within seven days. I'm instructed that in accordance with rule 14 of the Australian Industrial Relations Commission's rules, the AMOU proceeded to file a section 99 notification of alleged industrial dispute between it and Vanguard Floating Production (Australia) Pty Limited and Total Marine Services Pty Limited and that notification was filed on 4 December 2002.

PN7

Now, I assume the Commission has copies of the relevant documents on file. On 20 December 2002, the AMOU forwarded to Vanguard Floating Production (Australia) Pty Limited and Total Marine Services Pty Limited by fax the following documents and I noted the time and place for hearing of an alleged industrial dispute and notice of listing of the matter and the information sheet for employers served with the log of claims by a union. Now, I have here a copy of a print-out of the fax that was used to transmit those documents and I'll hand that up if you don't mind.

PN8

THE COMMISSIONER: That is an additional part of the file. Yes, Mr Wydell?

PN9

MR WYDELL: Yes, thank you, Commissioner. I'm instructed that the AMOU has members employed by both companies who should be working on board a self-propelled offshore industry mobile unit or otherwise known as an FSPO. On that basis, the AMOU requests that the Commission find an industrial issue as contemplated within section 5, specifically section 5(3)(b) of the Workplace Relations Act exists in this matter.

PN10

THE COMMISSIONER: Yes, thank you, Mr Wydell. Ms Holmes?

PN11

MS HOLMES: My instructions are that Total Marine Services Proprietary Limited consents to a dispute finding in this matter and as was on the last occasion, I don't have instructions on behalf of Vanguard.

PN12

THE COMMISSIONER: Yes, thank you. The Commission has had communication from a consultant, Ms Porter to Vanguard and it indicates that Vanguard does not oppose a dispute finding. Accordingly, the matter before the Commission is an alleged industrial dispute emanating from a demand by the union of 14 November 2002 attached to which the union sought agreement to a range of items.

PN13

That demand was acceded to and that is clear from what has been said today. As a consequence, the Commission finds that an industrial dispute does exist between the AMOU and Vanguard and Total Marine for short. The subject matter of their dispute is for those items contained in the log of claims attached to the letter of demand. As a consequence, a formal finding will issue in due course and in the meantime the parties are referred into conference. On that basis, these proceedings are now adjourned.

ADJOURNED INDEFINITELY [12.19pm]