C2003/6184, Transcript of Proceedings [2003] AIRCTrans 5481 (10 December 2003)

AUSCRIPT PTY LTD
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Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N F5455

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

C2003/6184

APPLICATION FOR AN AWARD

Application pursuant to section 111(1)(b)
of the Act by National Union of Workers
for an award

MELBOURNE

10.08 AM, TUESDAY, 25 NOVEMBER 2003

PN1

MR T. KENNEDY: I appear on behalf of the National Union of Workers.

PN2

MR J. D'ABACO: I seek leave to appear on behalf of BM Fresh Pty Ltd.

PN3

THE DEPUTY PRESIDENT: Any objection to leave, Mr Kennedy?

PN4

MR KENNEDY: No, your Honour.

PN5

THE DEPUTY PRESIDENT: Yes, leave is granted, Mr D'Abaco.

PN6

MR D'ABACO: Thank you, sir.

PN7

THE DEPUTY PRESIDENT: Go ahead, Mr Kennedy.

PN8

MR KENNEDY: Thank you. The union is seeking a roping-in award to be made in the terms of the draft order I think that have already been filed with the Commission. The draft order in this matter has not changed. I may have amended it in respect of today's date so I might hand up a copy just in case I have.

PN9

THE DEPUTY PRESIDENT: I might mark this, Mr Kennedy.

PN10

MR KENNEDY: Yes.

EXHIBIT #A1 DRAFT ORDER

PN11

THE DEPUTY PRESIDENT: I think we are up to number 15 according to our - - -

PN12

MR KENNEDY: Yes, we have been busy in this award this year.

PN13

THE DEPUTY PRESIDENT: Yes.

PN14

MR KENNEDY: Your Honour, as you would be aware, the background to this matter is that on 23 September the Commission as currently constituted found the existence of a dispute pursuant to section 111 of the Act. Subsequent to that finding the union wrote to BM Fresh on 14 October proposing a roping-in award as part settlement of the dispute found. We attach our proposed roping-in award. We also indicated should the company wish to discuss the matter, to contact the union, and if they oppose the part settlement proposed by the union to contact the union within seven days.

PN15

The union hasn't received any notification formally or otherwise from the company to my knowledge - to my advice, so on 22 October we wrote to the Commission seeking a relisting of the matter for the purpose of making the proposed roping-in award and, taking the Commission to it, it is a fairly standard roping-in award. As this is number 15, you would have seen this before. It seeks an operative date on the first pay period to commence on or after 25 November 2003 and we would submit that the making of the award by the Commission satisfied the Commission's obligation to part settle the dispute found by the Commission and it also would serve to settle the prima facie right of the union to have an award made. Subject to any questions you may have, they are the extent of our submissions today.

PN16

THE DEPUTY PRESIDENT: Thanks, Mr Kennedy. Mr D'Abaco.

PN17

MR D'ABACO: My client has no opposition to the roping-in exercise, your Honour.

PN18

THE DEPUTY PRESIDENT: Thank you. Yes, I can indicate to the parties that an award will be made. The award will be substantially in the form of the draft provided by the union and marked as exhibit A1. The award shall be known as the Storage Services General (Roping-in No. 15) Award 2003. The parties to the award will be the National Union of Workers, its officers and members and BM Fresh Pty Ltd of 540 Avenue of Honour, Bacchus Marsh, Victoria. The award will operate from the beginning of the first full pay period to commence on or after today's date, which is Tuesday, 25 November, and will remain in force for a period of six months. The matter is adjourned.

ADJOURNED INDEFINITELY [10.12am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 DRAFT ORDER PN11