C2002/6252, Transcript of Proceedings [2003] AIRCTrans 541 (20 February 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT1541

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HINGLEY

C2002/6252

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

and

VICTORIAN EMPLOYERS' CHAMBER
OF COMMERCE AND INDUSTRY

Notification pursuant to section 99 of the Act
of a dispute re log of claims - wages and
working conditions

MELBOURNE

10.21 AM, TUESDAY, 4 FEBRUARY 2003

PN1

MR M. ADDISON: I appear on behalf of the Australian Manufacturing Workers' Union.

PN2

THE COMMISSIONER: Yes, Mr Addison.

PN3

MR ADDISON: Yes, thanks, Commissioner. Commissioner, it seems that there is no appearance from the Victorian Employers' Chamber of Commerce and Industry. I understand that the Commission has the relevant documents already in its possession.

PN4

THE COMMISSIONER: Yes.

PN5

MR ADDISON: If I could first of all refer to - if I call it a large block of documents. That document contains the letter of demand which was served on the Victorian Chamber of Commerce and Industry together with the attached log of claims. And at the back of that document there is a statement of the facts which is sworn by Ms Sally Taylor who is an officer of the AMWU authorised to serve and pursue claims on employer and employer organisations.

PN6

Commissioner, at the very back of that block there is a registered post document proving service on the Victorian Chamber of Commerce and Industry on 12 December of last year. There has been no positive response to the claims that have been lodged on VECCI.

PN7

THE COMMISSIONER: Well, can I first of all mark collectively that large bundle as exhibit AMWU1.

EXHIBIT #AMWU1 LARGE BUNDLE OF DOCUMENTS

PN8

MR ADDISON: Yes, thanks, Commissioner. Secondly, Commissioner, the second document is a statement of service of notification of the industrial dispute hearing - that is today's hearing - on VECCI and a statement, once again signed by Ms Taylor, and a registered post lodgment document dated 21 January of this year. Once notification of the hearing this morning was received the respondent employer was notified. The respondent employer has chosen not to attend for whatever reason this morning. On that basis, Commissioner, I would seek that you mark that second document, too, Commissioner.

EXHIBIT #AMWU2 STATEMENT OF SERVICE AND REGISTERED POST LODGMENT DOCUMENT DATED 21/1/2003

PN9

MR ADDISON: On that basis, Commissioner, particularly given the fact that VECCI is very, very familiar with the processes in the Commission, the AMWU seeks that a formal finding of dispute pursuant to section 101 of the Act be made by the Commission effective as of today's date. If the Commission pleases.

PN10

THE COMMISSIONER: Well, as distinct from the earlier matter, there can be no doubt given the materials provided to the Commission that VECCI was made aware of the proceedings and that their attendance is deliberate, I suppose is the right word. That being the case, I record the following findings. Pursuant to section 101 of the Workplace Relations Act the Commission determines, records and finds as follows: One, that there exists an industrial dispute within the meaning of the said Act.

PN11

Two, the parties to the dispute are the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of the one part and the Victorian Employers' Chamber of Commerce and Industry, being the employer listed in schedule B to the dispute notification dated 20 December 2002 and contained within file C2002/6252, of the other part. The matters in dispute are the claims as to wages and working conditions set out in the log of claims, schedule A, attached to the letter of demand dated 12 December 2001.

PN12

The letter of demand is signed by Ms Sally Taylor, Co-ordinator, National Research Centre of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, a copy of which is attached to these record of findings. The parties are requested to confer on the issues in dispute.

PN13

MR ADDISON: Commissioner, just for the record, can I request that a report back with regard to this matter be scheduled? If the discussions which you have directed are not successful we would be seeking to rope VECCI into the appropriate awards.

PN14

THE COMMISSIONER: Well, I leave the initiative with you to contact my associate and - - -

PN15

MR ADDISON: As the Commission pleases.

PN16

THE COMMISSIONER: - - - arrange an appropriate time. This matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [10.25am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AMWU1 LARGE BUNDLE OF DOCUMENTS PN8
EXHIBIT #AMWU2 STATEMENT OF SERVICE AND REGISTERED POST LODGMENT DOCUMENT DATED 21/1/2003 PN9