C2003/5507, Transcript of Proceedings [2003] AIRCTrans 4858 (5 November 2003)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 5048

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

10.17 AM, MONDAY, 20 OCTOBER 2003

Continued from 16.9.03

THIS HEARING WAS CONDUCTED BY AUDIO LINK
AND RECORDED IN MELBOURNE

PN20

THE SENIOR DEPUTY PRESIDENT: Good morning. I apologise for the technological problems. It is a good thing we are not running an airline. Now, we have Ms Tisdale in Melbourne for TWU, and Mr Moses, you are in Sydney representing Flexicrew and Workforce International.

PN21

MR MOSES: Yes, your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Ms Tisdale.

PN23

MS TISDALE: Thank you, your Honour. We are seeking the making of a roping-in award this morning in part settlement of the dispute that was found and dated 16 September 2003. I have a statement of service attesting to service of the notices, which I can hand up in a moment.

PN24

THE SENIOR DEPUTY PRESIDENT: Thank you.

EXHIBIT #TWU3 STATEMENT OF SERVICE ATTACHING REGISTERED POST ADVICE OF SERVICE UPON BLUE COLLAR PERSONNEL, FLEXICREW, WORKFORCE INTERNATIONAL AND WESTAFF

PN25

THE SENIOR DEPUTY PRESIDENT: Yes, go ahead, Ms Tisdale.

PN26

MS TISDALE: Thank you, your Honour. The roping in award that we are seeking today would have the effect of roping-in from today's date the following employers: Blue Collar Personnel Pty Ltd, Workforce International Pty Ltd and Westaff Australia Pty Ltd.

PN27

I will indicate for the record that we are no longer seeking to make Flexicrew Pty Ltd a respondent to this award. That is based on an undertaking that the company has provided to us this morning that they do not currently employ any employees through that entity who do work that would be covered by the award that we are seeking, and they have undertaken to inform the union if they do in the future employ people under the award.

PN28

THE SENIOR DEPUTY PRESIDENT: Yes, very well. So it is restricted to Blue Collar Personnel, Workforce International and Westall, is that correct?

PN29

MS TISDALE: Westaff.

PN30

THE SENIOR DEPUTY PRESIDENT: Westaff, sorry.

PN31

MS TISDALE: Yes, your Honour.

PN32

THE SENIOR DEPUTY PRESIDENT: Very well. And the relevant award, the Airline Operations Transport Workers Award 1988 is a simplified award of the Commission?

PN33

MS TISDALE: That is correct.

PN34

THE SENIOR DEPUTY PRESIDENT: Yes. So it deals only with allowable matters.

PN35

MS TISDALE: That is correct.

PN36

THE SENIOR DEPUTY PRESIDENT: Very well. Thank you. That is all you want to put at the moment?

PN37

MS TISDALE: Yes, thank you.

PN38

THE SENIOR DEPUTY PRESIDENT: Mr Moses.

PN39

MR MOSES: Thank you, your Honour. I can only concur with the submissions of Ms Tisdale this morning, and that is that Workforce International do consent to being roped into the Airline Operations Transport Workers Union Award, and that Flexicrew will not be roped into the award.

PN40

THE SENIOR DEPUTY PRESIDENT: Yes, very well. And the basis of that is as put by Ms Tisdale?

PN41

MR MOSES: Yes, your Honour. The employers served have sent a letter to the Transport Workers Union providing those reasons.

PN42

THE SENIOR DEPUTY PRESIDENT: Thank you. Is there anything further? Very well. This is an application for the making of a roping-in award, the Airline Operations Transport Workers Roping-In Number 2 Award 2003. The award sought seeks to bring about part settlement of a dispute found on 16 September 2003.

PN43

The roping-in award seeks to apply the terms of the Airline Operations Transport Workers Award 1988. That is a simplified award of the Commission and accordingly only deals with allowable matters. I am satisfied that is an appropriate roping-in award, having regard to section 89A of the Act.

PN44

The roping-in award will contain a schedule of employers, those being Blue Collar Personnel Pty Ltd, Workforce International Pty Ltd, and Westaff Australia Pty Ltd. I note from the TWU that each of those employers has been served with notice of the hearing today, and has had an opportunity to be heard. Workforce International Pty Ltd has appeared and does not oppose the roping-in award, and I note that the TWU does not seek at this point to have Flexicrew Pty Ltd made party to that award.

PN45

The award shall come into force at the beginning of the first pay period commencing on or after today's date, 20 October 2003, and shall remain in force for a period of six months. I will now adjourn these proceedings.

ADJOURNED INDEFINITELY [10.23am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TWU3 STATEMENT OF SERVICE ATTACHING REGISTERED POST ADVICE OF SERVICE UPON BLUE COLLAR PERSONNEL, FLEXICREW, WORKFORCE INTERNATIONAL AND WESTAFF PN25