C3839/898, Transcript of Proceedings [2003] AIRCTrans 724 (6 March 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 VT1708

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT HARRISON

C No 38398 of 1998

TRANSPORT WORKERS' UNION OF AUSTRALIA

and

ARN LOGISTICS PTY LTD and OTHERS

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

MELBOURNE

4.33 PM, MONDAY, 17 FEBRUARY 2003

Continued from 8.5.02

PN84

MS J. TISDALE: I appear for the Transport Workers' Union.

PN85

MR P. BOROBOKAS: I am from the Australian Industry Group appearing on behalf of Panama Oaks Proprietary Limited trading as Broadway and Frame.

PN86

THE SENIOR DEPUTY PRESIDENT: Mr Borobokas. Ms Tisdale. I received from you, Ms Tisdale, by e-mail, some draft orders but I haven't had an opportunity yet to go through them and perhaps assign those that relate to this C number to it and those that relate to the next matter, so perhaps you will need to assist me on that.

PN87

MS TISDALE: Certainly, your Honour. We are seeking the making of a roping-in order that will have the effect of roping in the company to the Transport Workers' Mixed Industries Award 2002.

PN88

THE SENIOR DEPUTY PRESIDENT: Yes, I have that.

PN89

MS TISDALE: The relief we are seeking relates to a dispute that was found, your Honour, between the union and the company on 22 December 1998. I have a statement of service in relation to the notice of listing for today's matter for your file.

PN90

THE SENIOR DEPUTY PRESIDENT: Yes. I will just place that on the file. I might identify it though. It is the statement of service dated today's date, statement prepared by yourself.

PN91

MS TISDALE: Thank you, your Honour. I understand that the company doesn't object to being roped into this award and that they are already respondent to the award by virtue of their membership of the Australian Industry Group. So we would be seeking an operative date from today's date. If the Commission pleases.

PN92

THE COMMISSIONER: All right. I might just mark the draft order that you seek today and I will mark it TWU1. This file has been called on from time to time, I suspect there are probably some earlier exhibits but this particular exhibit relates to the roping-in of Panama Oaks Pty Ltd. Mr Borobokas?

EXHIBIT #TWU1 DRAFT ORDER

PN93

MR BOROBOKAS: Yes, your Honour, thank you. Indeed, my instructions are not to oppose the union's application today. If the Commission pleases.

PN94

THE SENIOR DEPUTY PRESIDENT: All right. Now, the street address is a little different to that identified in the industrial dispute. That in itself is of no great significance but I should record it in case there is any issue. The industrial dispute has this company trading as Broadway and Frame at 227 Bulleen Road, Bulleen. The roping-in award has it at 26 to 28 Greenaway Street. I am assuming, on your instructions, Mr Borobokas, that is of course the same company, namely the company just seems to have either had more than one trading address or has moved?

PN95

MR BOROBOKAS: Yes, your Honour, they are the same company although I can't confirm what the situation is in relation to their address. I can perhaps, within seven days, write to the Commission to confirm if necessary. However, our understanding is that the address is 26 to 28 Greenaway Street, Bulleen.

PN96

THE SENIOR DEPUTY PRESIDENT: I will proceed on that basis. We can always re-visit the address if it is incorrect. Based on the statement as to service the existing dispute finding and submissions made, I am satisfied that an award in the terms of exhibit TWU1 should issue. The award which will be known as the Transport Workers' Mixed Industries Roping-In Number 1 Award 2003 will come into operation from the first pay period commencing on or after today's date, 17 February, 2003, and remain in forced for a period of six months. The effect of the award is to rope the company into the Transport Workers' Mixed Industries Award. An award in those terms will be signed and sealed by me soon and a copy provided to the parties.

PN97

Is that all we need to do on that matter, Ms Tisdale?

PN98

MS TISDALE: Yes, your Honour.

PN99

THE SENIOR DEPUTY PRESIDENT: All right. Call the next matter on.

ADJOURNED INDEFINITELY [4.38pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TWU1 DRAFT ORDER PN93