C2002/5983, Transcript of Proceedings [2003] AIRCTrans 603 (25 February 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

MUNRO J

C2002/5983
C No 01202 of 1998
C No 21777 of 1998
C No 26093 of 1998

TANNING INDUSTRY AWARD 1999

Application under section 33 of the Act for review
of above award on the Commission's own motion re
respondency

TANNING INDUSTRY AWARD 1985

Review under Item 51 Schedule 5 Transitional
WROLA Act 1996 re award simplification

AUSTRALIAN LIQUOR, HOSPITALITY AND
MISCELLANEOUS WORKERS UNION

and

MICHELL LEATHER AND ANOTHER

Notification pursuant to section 99 of the Act
of a dispute re log of claims

TANNING INDUSTRY AWARD 1985

Application under section 113 of the Act
to vary the above award re wages, classifications
and working conditions

SYDNEY

11.21 AM, FRIDAY, 7 FEBRUARY 2003

PN1

HIS HONOUR: Yes, this is matter C 5983 of 2002. It is another action on the Commission's own motion under section 33 of the Act. It concerns the Tanning Industry Award 1999. In relation to this matter the Commission forwarded a listing notice on 20 December to the ALHMWU in different manifestations and to Mitchell Sheepskins Proprietary Limited at Post Office Box 993, Wagga. Attached to that notification of listing for today was an indication that employers bound to the parent award of the tanning industry, included those under eight roping in awards.

PN2

We noted that the following roping in awards have had all respondents named therein and incorporated in the respondency list of the Tanning Industry Award, and there were four such awards. Those four awards were to be set aside by the Commission on grounds of redundancy without any hearing. It indicated that the remaining roping in award, the Tanning Industry Roping In Award No 2, had one employer respondent who is not yet included in the simplified parent award and that was Mitchell Sheepskins.

PN3

In effect, there was a requirement to show cause why Mitchell Sheepskins should be added to the respondency list to the parent award. In relation to that material we have heard nothing from Mitchell Sheepskins, who seem no longer to be the occupants of Post Office Box 993, Wagga, but it does appear that other sources know that Mitchell Sheepskins are still in existence. From the LHMWU we have received notification that the name of the company referred to is actually "Michell Sheepskins Proprietary Limited".

PN4

The LHMWU asserts that the company still operates in Wagga. A search of the White Pages reveals the listing of the company in Wagga and the company name is still listed with ASIC. According to a search, it shows that there is a Michell Leather operating in Gunnedah and various other locations and Michell Sheepskins is shown as Lewington Street, Wagga, 2650, with a phone number listed.

PN5

Likewise, for ASICs database it shows that Michell Sheepskins Proprietary Limited, ACN 002 038 208, with a business number is registered as since December 1980 and, in the circumstances, I am satisfied that the respondency of Michell Sheepskins Proprietary Limited should be extended, by adding it to the Tanning Industry Award 1999 and that there should be associated with the making of that order to vary the award, the making of an order to set aside the relevant roping in award, together with the other roping in awards that I had indicated would be set aside on the grounds of redundancy.

PN6

Those orders are respectively set out in Print 926-283 and 926-281. The reasons for decision, which I haven't spelt out in full, but which are set out in the print, are published as Print 926-284. Those decisions orders will be sealed and forwarded through the section 143 process in due course. I note that there are no appearances. Formally, I ask other appearances. I note there are none. The Commission will adjourn.

ADJOURNED INDEFINITELY [11.27am]