C2270/399, Transcript of Proceedings [2003] AIRCTrans 510 (14 February 2003)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS

O/N VT1483
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C No 22703 of 1999

AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION

and

THE PASTA MASTER and OTHERS

Notification pursuant to section 99 of the
Act of a dispute re wages and conditions in
the food and confectionery industry

MELBOURNE

10.00 AM, FRIDAY, 31 JANUARY 2003

Continued from 24.6.02 before Deputy President Hamilton

PN909

MR T. HALE: I appear on behalf of the AMWU. I believe I appeared on behalf of the AMWU in this matter on the last occasion.

PN910

MR T. HALLS: I appear for the Australian Industry Group on behalf of Pasta Master and Techniques Management.

PN911

THE COMMISSIONER: Thank you. Mr Hale?

PN912

MR HALE: Yes, Commissioner, on 2 August 2000 the Commission as currently constituted found that a dispute within the meaning of the Act existed between the AMWU and a number of companies. Since that time we have conferred with the other companies in an attempt to resolve the matter and if I could tender a document where on 29 October 2002 - sorry, I should have tendered two documents at that stage, Commissioner, in that the AIG was represented - - -

PN913

THE COMMISSIONER: Well, the document you just tendered will be D8.

EXHIBIT #D8 DOCUMENT ADDRESSED TO MR BRIAN ASHTON AT SALAD FRESH WITH ATTACHED DRAFT CONSENT ORDER

PN914

MR HALE: Well, the document I just tendered was a document addressed to - - -

PN915

THE COMMISSIONER: That will be D9 before we get out of sequence.

EXHIBIT #D9 LETTER TO MS CHRISTINE IRWIN FROM THE AIG

PN916

MR HALE: Right, well, the first document I tendered was a document addressed to Mr Brian Ashton the HR manager at Salad Fresh and attached to that document was a draft consent order and in the facsimile message to Mr Ashton we advised that if - that in an attempt to resolve the dispute if he accept - or if they accepted the proposed draft order we would see that as a partial resolution of the dispute. In D9 it was a letter in similar terms to Ms Christine Irwin from the AIG and she had - or the AIG had represented those companies, or the companies Pasta Master and Techniques Management, in relation to the matter at the time of the finding of the dispute.

PN917

We requested that they - we also sent a copy of the draft consent order and we requested that they advise us if they were no longer representing those people or those companies. We have had a series of discussions with Ms Irwin and discussions with one of those companies, Techniques Management and we would not be seeking to have an award made in relation to Techniques Management today. We received a response by facsimile transmission and I tender a copy of that.

EXHIBIT #D10 RESPONSE BY FACSIMILE TRANSMISSION FROM CONVENIENCE FOODS

PN918

MR HALE: That response was from Convenience Foods and was quite short and I will read it in total. It says:

PN919

Please be advised that we accept the draft proposal as a partial resolution as per your fax dated 29 October 2002. If you require any further information please do not hesitate to call me on ...

PN920

And the phone numbers. We then wrote to the Commission requesting that the matter be called back on for determination and received a notice of listing for today's date. Following that we again wrote to - by this stage it was the AIG and Salad Fresh or Convenience Foods and if I could tender a copy of those.

EXHIBIT #D11 LETTER TO AIG ATTACHING NOTICE OF LISTING

PN921

MR HALE: D11 is the copy that we sent to the AIG. It attaches the notice of listing and advises that at the hearing I will be asking the Commission to make an award in the terms of the draft order sent to you on 29 October and advise them that should they seek any clarification to contact me. I would also tender a copy that was sent to Salad Fresh.

EXHIBIT #D12 LETTER TO SALAD FRESH ATTACHING NOTICE OF LISTING

PN922

MR HALE: That is in similar terms to the letter that was sent to the AIG setting out that we were attaching the notice of listing and would be asking the Commission to make an award. So what we are doing is asking the Commission to make a consent award in relation to the roping-in to the Food Preservers Award 2000 of the two companies, the Pasta Master, The Old Mayfair Factory, Mcdowell's Road, Bendigo and Salad Fresh Pty Ltd at 10 Northcorp Boulevard, Broadmeadows. I have prepared a draft consent award, if I could tender a copy of that.

EXHIBIT #D13 DRAFT CONSENT AWARD

PN923

MR HALE: So unless the Commission has any further questions - - -

PN924

THE COMMISSIONER: Not at the moment, Mr Hale, however I will hear from Mr Halls.

PN925

MR HALE: Thank you, Commissioner.

PN926

THE COMMISSIONER: Yes, Mr Halls.

PN927

MR HALLS: Thank you, Commissioner. In respect of Pasta Master, Commissioner, we certainly do not oppose roping-in award in the terms of exhibit D13. The award is already applied at the organisation through their full membership to us hence we do not propose the roping-in award in the terms sought and the AMWU has agreed not to pursue Techniques Management at this time. Subject to any further questions the Commission have that would conclude our submission.

PN928

THE COMMISSIONER: Thank you. Well, given that proper notice of hearing and an opportunity to reply was given to Salad Fresh and they haven't - they haven't communicated with the Commission and have not lodged any objection, the Commission consents to the making of a draft award pursuant to the Workplace Relations Act between the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and The Pasta Master and Others, the others in this case being on this order, Salad Fresh Pty Ltd at 10 Northcorp Boulevard, Broadmeadows, Victoria, 3047.

PN929

The award shall be known as the Food Preservers (Roping-in No 1 Award) 2003 and the award to come into effect from today's date, that is, 31 January 2003 and continue in force for a period of six months. The Commission is adjourned, thank you.

ADJOURNED INDEFINITELY [10.13am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #D8 DOCUMENT ADDRESSED TO MR BRIAN ASHTON AT SALAD FRESH WITH ATTACHED DRAFT CONSENT ORDER PN914
EXHIBIT #D9 LETTER TO MS CHRISTINE IRWIN FROM THE AIG PN916
EXHIBIT #D10 RESPONSE BY FACSIMILE TRANSMISSION FROM CONVENIENCE FOODS PN918
EXHIBIT #D11 LETTER TO AIG ATTACHING NOTICE OF LISTING PN921
EXHIBIT #D12 LETTER TO SALAD FRESH ATTACHING NOTICE OF LISTING PN922
EXHIBIT #D13 DRAFT CONSENT AWARD PN923