C2003/772, Transcript of Proceedings [2003] AIRCTrans 731 (6 March 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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


O/N VT1696

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

C2003/772

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY,
INFORMATION, POSTAL, PLUMBING AND ALLIED
SERVICES UNION OF AUSTRALIA

and

AUSTRALIAN CONSOLIDATED COMMUNICATIONS
and OTHERS

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

MELBOURNE

10.35 AM, MONDAY, 17 FEBRUARY 2003

PN1

MR L. BENFELL: I appear on behalf of the CEPU and appearing with me is MR I. BRYANT.

PN2

MR V. GOSTENCNIK: I seek leave to appear for People Telecom.

PN3

MR T. VEENENDAAL: I appear for the CPSU and I seek leave to intervene.

PN4

THE COMMISSIONER: Any objection to the application for leave to intervene and leave to appear?

PN5

MR BENFELL: No, Commissioner.

PN6

THE COMMISSIONER: Leave is granted in both cases. Mr Benfell.

PN7

MR BENFELL: Thank you, Commissioner. We seek a finding to be made by the Commission of a dispute between the CEPU and various employers in the telecommunications services industry. Those employers employ persons who are eligible to be members of the CEPU. The facts giving rise to the dispute are as follows. On 15 January 2003 the national secretary, in accordance with the rules of the union, served by registered mail letters of demand and logs of claims in relation to wages and conditions on Australian Consolidated Communications of Wollongong and others.

PN8

Those others being employers in the telecommunications and services industry and they are set out in annexure A to the affidavit which I have provided to your associate signed by the national secretary. Do you want to mark that document, Commissioner? They also include the registered mail slips.

EXHIBIT #CEPU1 BUNDLE OF DOCUMENTS INCLUDING REGISTERED MAIL SLIPS

PN9

MR BENFELL: In CEPU1, Commissioner, annexure A sets out the companies that were served and following that the - sorry, at the end of the documents are the - the last three pages - are the copies of the registered mail posting receipts for the service of the log on the 15 January. The letter of demand required a compliance with the demands within seven days. None of the companies complied with the demands, hence a dispute came into existence. Subsequently, on 23 January of this year, the CEPU notified the Commission of the alleged dispute. The registered mail receipt is in the exhibit CEPU1.

PN10

As a result of that on 31 January the Deputy Industrial Registrar advised by facsimile the time, date and place of hearing and on 4 February 2003 the union served by registered mail hearing details to the employers listed in annexure A to the affidavit, or CEPU1. And the registered mail posted receipts are attached to CEPU1.

PN11

THE COMMISSIONER: Yes.

PN12

MR BENFELL: Commissioner, as you can see by the addresses of the companies the dispute is interstate in nature. The subject matter is the claims made by the union. The union intends to pursue the claims over time and we seek a dispute finding on the same basis as the dispute finding in the AAPT matter of last year. We also, Commissioner, seek to have this matter joined with the CPSU dispute finding made last Monday in Sydney in relation to the same companies. I should advise the Commission that I have received - - -

PN13

THE COMMISSIONER: That was 2003/640, if I remember.

PN14

MR BENFELL: Unfortunately, no-one at the bar table could recall the C number.

PN15

THE COMMISSIONER: 640. Yes.

PN16

MR BENFELL: Thank you, Commissioner. We have representations from two employers, one being B Digital, which I understand you have received a copy of?

PN17

THE COMMISSIONER: Yes.

PN18

MR BENFELL: A facsimile dated 14 February 2003 from the West Australian Chamber of Commerce. We note that in that facsimile, the fourth paragraph, they do not want to be heard in relation to the existence of a dispute and so we say a dispute should be made.

PN19

THE COMMISSIONER: Yes. What about B Interactive and B Mobile? We will just delete them? They say they are only trading names of B Digital.

PN20

MR BENFELL: Yes, we haven't had a chance at the moment, Commissioner, to ascertain whether that is true or false but if the Commission is not comfortable with finding a dispute with them perhaps they could go to a reserve list.

PN21

THE COMMISSIONER: Yes, I follow. Thank you.

PN22

MR BENFELL: The other representation we have received is from Mr Gostencnik who is appearing today on behalf of People Telecom and we have agreed, after our discussions, to put them on a reserve list to allow the parties to have further discussions about the dispute finding. Commissioner, that completes my submissions unless there are any questions.

PN23

THE COMMISSIONER: No, thank you. Mr Veenendaal, do you wish to say anything?

PN24

MR VEENENDAAL: Not at this point, Commissioner. I am happy to sit and listen to the submissions of the parties.

PN25

THE COMMISSIONER: Thank you. Mr Gostencnik.

PN26

MR GOSTENCNIK: Simply to confirm, Commissioner, the arrangements between the CEPU and my client.

PN27

THE COMMISSIONER: Thank you very much. Pursuant to section 101 of the Act I find there exists an industrial dispute between, on the one hand the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and on the other hand those companies in annexure A to exhibit CEPU1 with the exception of B Interactive, B Mobile and People Telecom. In relation to those named persons the matter is adjourned.

PN28

In relation to B Interactive and B Mobile it is adjourned on the basis that the Chamber of Commerce and Industry of Western Australia have advised that those companies are simply trading names and that the employer is B Digital Limited. The union, of course, is at liberty to apply to have those matters brought on if their investigations find evidence to the contrary.

PN29

The subject matter of the dispute is a log of claims attached to a letter of demand dated 15 January 2003. I find a dispute in relation to all matters contained in the log with the exception of demand 3, Preference. The union is at liberty to seek a re-listing of that matter should it wish. Right, call on the next matter.

ADJOURNED INDEFINITELY [10.43am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CEPU1 BUNDLE OF DOCUMENTS INCLUDING REGISTERED MAIL SLIPS PN9