C2003/6448, Transcript of Proceedings [2003] AIRCTrans 5605 (15 December 2003)

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TRANSCRIPT OF PROCEEDINGS

O/N 8089

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LARKIN

C2003/6448

THE AUSTRALIAN WORKERS' UNION

and

AMF BOWLING CENTRES (AUST)
INTERNATIONAL INC

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

SYDNEY

2.03 PM, TUESDAY, 2 DECEMBER 2003

PN1

MR G. BEARD: I appear on behalf of the Australian Workers Union.

PN2

THE COMMISSIONER: Thank you, Mr Beard.

PN3

MR B. GOTTERSON: Solicitor from Pigott Stinson I seek leave to appear on behalf of AMF Bowling Centres (Aust) International Inc.

PN4

THE COMMISSIONER: Yes, thank you, Mr Gotterson. Now, Mr Beard do you have any objection?

PN5

MR BEARD: There is no objection, Commissioner.

PN6

THE COMMISSIONER: Yes, leave is granted, Mr Gotterson.

PN7

MR GOTTERSON: Thank you.

PN8

THE COMMISSIONER: Yes, Mr Beard, when you are ready?

PN9

MR BEARD: Thank you, Commissioner, there is only one party subject to today's matter and Mr Gotterson's appearance proves that the correspondence that was forwarded through to the company regard to today's hearing was received, however, for the - for the record, I will hand to you a statement of service which indicates that correspondence was forwarded to the company on 20 November this year, outlining the details for the hearing. Correspondence was forwarded by registered post and a statement to that effect, together with the receipt for registered post, have been prepared for the file.

EXHIBIT #A1 CORRESPONDENCE DATED 20/11/2003 AND RECEIPT FOR REGISTERED POST

PN10

MR BEARD: Thank you, Commissioner, the brief details of the dispute are that on 7 November this year the union served letters of demand and logs of claims on the company. A copy of Form R5 was also included in the service, the log is a comprehensive claim in regard to wage rates, allowances and working conditions for the employer to apply to its employees engaged in the 10 pin bowling industry. The company was asked to contact the union within 7 days to provide its consent to the log as the union did not receive a positive response, a formal notification was filed on 14 November, this year.

PN11

You will note that attached to the notification, Commissioner, is at schedule A, is the receipt for registered post in regards to the service of the letter of demand, log of claims, and R5. Schedule B is a copy of the letter of demand and log of claims. Schedule C is a statement signed by myself in regards to the correct service of the letter of demand log of claims and schedule D is a statement made by the National Secretary of the Union, Mr Bill Shorten, by stating that the service of the claims was in accordance with the rules of the union.

PN12

Whilst one party has been served in this particular matter, Commissioner, the company does in fact have 47 bowling alleys throughout Australia. Quite a few of those parties are already listed as respondents to the award, but some aren't, and the dispute finding does have that interstate flavour which is necessary for the finding. The union has, no doubt that it has the constitutional capacity to cover these employees and due to the non-acceptance by the company to the union's demands, we ask that you formally find and record the existence of the interstate industrial dispute in accordance with section 101 of the Act and direct the parties to confer. If it please the Commission.

PN13

THE COMMISSIONER: Mr Beard, the 47 centres throughout Australia, I gather they are in all states than one?

PN14

MR BEARD: That is correct.

PN15

THE COMMISSIONER: And I gather then, that each particular centre is not its own corporate entity as such, it is part of AMF Bowling Centres, therefore the finding of dispute with AMF Bowling Centres would be a finding of dispute with each and every centre?

PN16

MR BEARD: That is correct, Commissioner, yes.

PN17

THE COMMISSIONER: Yes, thank you, Mr Beard. Mr Gotterson, what do you say?

PN18

MR GOTTERSON: Just confirm your observations there, Commissioner, the 47 centres are owned directly, they are not separate corporate entities, they are owned directly by the named respondent and my understanding of the purpose of the dispute is essentially to have that one respondent AMF in the award, the variation of the award to remove the other 47. That is my understanding of the application today, but other than that matter, the details given by Mr Beard in respect of the dispute and finding are not challenged.

PN19

THE COMMISSIONER: All right, so you don't object to the Commission finding that a dispute is in existence between the parties before this morning?

PN20

MR GOTTERSON: No, we don't object to that.

PN21

THE COMMISSIONER: Thank you, Mr Gotterson. Nothing further, Mr Beard?

PN22

MR BEARD: No, Commissioner.

PN23

THE COMMISSIONER: Thank you. The matter before me of course concerns a log of claims served by the AWU on AMF Bowling Centres Australia International Inc. Details of the services set out in the papers on the Commission's file and which were tendered by Mr Beard on behalf of the AWU in the proceedings before me today. The union seeks a finding of dispute be made pursuant to section 101 of the Act and having considered the documents which form the basis of this notification of dispute, under section 99 of the Act, and having heard Mr Beard and Mr Gotterson on behalf of AMF Bowling, I will now make a finding of an industrial dispute within the meaning of the Act in relation to the log of claims and the letter of demand served by the AWU dated 7 November 2003.

PN24

The parties in dispute are on the one hand, the AWU and on the other hand AMF Bowling Centres Australia International Inc. The matters in dispute are contained in the log of claims in a letter of demand dated 7 November 2003 which are attached to the notification of the alleged industrial dispute. I will make a record of finding to give effect in this decision and I refer the parties into conference in relation to these matters and issues. The matter maybe listed again on application following the party settlement dispute. The Commission stands adjourned, thank you.

ADJOURNED INDEFINITELY [2.10pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 CORRESPONDENCE DATED 20/11/2003 AND RECEIPT FOR REGISTERED POST PN10