C3890/397, Transcript of Proceedings [2003] AIRCTrans 525 (18 February 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT1532

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

C No 38903 of 1997
C No 38904 of 1997

TRANSPORT WORKERS AWARD 1983

TRANSPORT WORKERS (LONG DISTANCE
DRIVERS) AWARD 1993

Applications under section 113 of the Act
by Transport Workers Union of Australia to
vary the above awards re inserting a new
clause - Transportation of Dangerous Goods
Allowance

MELBOURNE

9.17 AM, MONDAY, 3 FEBRUARY 2003

Continued from 3.10.02

PN35

THE SENIOR DEPUTY PRESIDENT: This matter hasn't been before me since October last year, so I think I might take appearances again.

PN36

MS S. LEARMONTH: I appear on behalf of the Transport Workers Union.

PN37

MR P. RYAN: I seek leave to appear for the Australian Road Transport Industrial Organisation.

PN38

MS F. FIELD: I appear on behalf of the Australian Industry Group.

PN39

THE SENIOR DEPUTY PRESIDENT: Ms Learmonth.

PN40

MS LEARMONTH: Your Honour, I might just bring you up to speed of what has occurred since October. As a result of the hearing in October, the TWU wrote to the respondents using the substituted service list in regards to both of the matters on 4 October 2002 to inform them of a meeting that wa to occur at the TWU on Wednesday, 23 October 2002. That meeting did go ahead and some issues were raised by the respondents who attended that meeting.

PN41

There was a subsequent meeting on 14 November 2002. The TWU responded to the issues that have been raised and the TWU also acknowledge that we needed to amend the draft order in certain circumstances to reflect the responses to the questions raised.

PN42

We haven't at this stage circulated an amended draft order. The amendments - some of them are administrative matters and others refer to mainly cross-referencing with other awards such as the Long Distance Drivers Award allows for the Oil Distribution Award to be used where somebody is carrying petroleum or gas, so we need to sort of work that out in relation to a dangerous goods allowance - sorry - we need to work out the best way to amend that particular clause in relation to a dangerous goods allowance. But nonetheless, we don't believe that such amended draft order would be consented to.

PN43

If I may, your Honour, I do actually have some draft directions here today. If I can tender those; I haven't provided them to the respondents before today. I am happy to allow seven days for the respondents to query or raise any issues in relation to timing and certainly the Commission needs to approve the timing that we have proposed.

PN44

THE SENIOR DEPUTY PRESIDENT: Yes. Well, certainly dates in the vicinity in which the draft reflects that the matter might proceed to a hearing, should it not be able to be resolved beforehand, I have available, so let's not assume we are definitely talking about those dates, but maybe employees can go away knowing that that sort of timing would be available if that is the route this matter should take. Mr Ryan.

PN45

MR RYAN: Thank you, your Honour. Ms Learmonth did give me a copy of this just before we commenced. I don't think I have any real concerns with it except to say that points 3 and 4 that the applicant and respondents file and serve any witness material upon which they intend to rely by close of business 26 May 2003, that is both the TWU and the employers filing witness statements on the same day. That would pose some issues for us in that we may wish to obtain witnesses to answer some issues that might come from what the TWU file. So perhaps I would like to see a break in that of a couple of weeks, I think, your Honour.

PN46

THE SENIOR DEPUTY PRESIDENT: Ms Field.

PN47

MS FIELD: Thank you, your Honour. I don't have any real objections, but like Mr Ryan, I think it would be preferable to have some delay between the filing of the applicant's witness statements and the respondent's witness statements for the same reasons as Mr Ryan has put forward. Thank you.

PN48

THE SENIOR DEPUTY PRESIDENT: All right. Well, then subject to my having a think about that, Ms Learmonth, it doesn't sound as if I need to give any additional time to the employers, I just perhaps should - I have some sympathy for splitting those dates. It seems to me I can go away, look at the calendar and issue these directions shortly.

PN49

So if I am going to do that, maybe now we do need to be a little firmer on the matter of - Mr Ryan?

PN50

MR RYAN: My only concern, and I don't think these pose a problem, but we have a Long Distance case coming up for hearing in a couple of weeks. We then have some directions and programming at 12 o'clock which may entail some hearings subsequent - - -

PN51

THE SENIOR DEPUTY PRESIDENT: Is that before me?

PN52

MR RYAN: Yes.

PN53

THE SENIOR DEPUTY PRESIDENT: What is that matter?

PN54

MR RYAN: That is flowing the casuals metals - - -

PN55

THE SENIOR DEPUTY PRESIDENT: All right, yes.

PN56

MR RYAN: - - - into the various transport awards.

PN57

THE SENIOR DEPUTY PRESIDENT: Yes.

PN58

MR RYAN: I guess that my only point of concern is that we don't want to end up with three of these, sort of, tailing each other.

PN59

THE SENIOR DEPUTY PRESIDENT: I understand, although this one would probably have to be first in time if there was no particular submission put about the relative - - -

PN60

MR RYAN: Well, a Long Distance one is coming up in a couple of weeks, so that is already scheduled; that is on 17 and 18 February.

PN61

THE SENIOR DEPUTY PRESIDENT: That is right, yes.

PN62

MR RYAN: And I suspect there may be some additional days involved in that. From our perspective, it is purely a matter of resources. I mean, the TWU have four or five people who are very competent and can argue these cases quite well. The employer associations tend to rely on the individuals at the bar table. If your Honour pleases.

PN63

THE SENIOR DEPUTY PRESIDENT: All right. Well, it might be that in some other matters that will be coming before me and their dates, Mr Ryan, are - I am currently inclined to adopt largely this sort of direction, but it might be that that will have consequences for other matters coming up.

PN64

MR RYAN: I think all I am saying is keep the global picture in mind.

PN65

THE SENIOR DEPUTY PRESIDENT: I understand. Well, I guess this one has got off the ground first, let's go along these lines. I will split those dates though, and you should also assume that in relation to a hearing, should it not be able to be resolved beforehand - well, I suspect I can give you exactly those dates in the draft, so pencil those in. We will provide directions to you in the next couple of days. The Commission now adjourns.

ADJOURNED INDEFINITELY [9.25am]