C2003/6404, Transcript of Proceedings [2004] AIRCTrans 121 (8 January 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 5750
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2003/6404

CONSTRUCTION, FORESTRY, MINING AND ENERGY
UNION

and

SIGNIVERSAL VIC PTY LIMITED and OTHERS

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

MELBOURNE

10.00 AM, WEDNESDAY, 17 DECEMBER 2003

PN1

MR S. SMITH: I appear for the Construction, Forestry, Mining and Energy Union.

PN2

THE COMMISSIONER: Thanks, Mr Smith. You are on your own.

PN3

MR SMITH: I am on my own, Commissioner.

PN4

THE COMMISSIONER: Okay, over to you.

PN5

MR SMITH: This is a section 99 dispute notification in relation to a log of claims, Commissioner. The log of claims was served by the union on the employer parties on 2 October 2003. The employer parties were notified of this listing by way of registered post. I have an affidavit of service I would like to tender.

PN6

THE COMMISSIONER: Thank you.

EXHIBIT #CFMEU1 AFFIDAVIT OF SERVICE

PN7

MR SMITH: Thank you, Commissioner. The log of claims is a comprehensive set of claim relating to terms and conditions of employment of the employer's employees. The parties to the dispute in our submission are Australian Corporate Signage Pty Limited, Neon Wholesale Pty Limited, West Coast Windows Pty Limited, Mirage Industries Pty Limited and C-Lite Pty Limited. You will note, Commissioner, that I have omitted Signiversal Vic Pty Limited. We would like them to be excluded from any dispute finding today with leave reserved for us to apply for a dispute notification at a later date. The matters in dispute are those set out in the log of claims. As at today, Commissioner, none of the employers have responded to - I apologise - all of the employers have either not responded or have rejected the log of claims. Accordingly, we would like the Commission to find that a dispute exists in this matter and direct the parties to confer. Thank you, Commissioner.

PN8

THE COMMISSIONER: Thank you. I take it Signiversal have been in touch with you.

PN9

MR SMITH: Yes, Commissioner. We have had some contact with them. They said they wanted to seek some advice and they haven't gotten back to us yet. They initially indicated that they wanted to accept the log of claims and we are not sure what their position is at the moment, so we think it is best if we just excluded them.

PN10

THE COMMISSIONER: Thank you. Have you had correspondence from C-Lite Aluminium Windows and Doors?

PN11

MR SMITH: Yes, Commissioner. They have indicated to us through the Master Builders' Association that they probably won't object to a dispute being found today and we haven't had any further correspondence since then.

PN12

THE COMMISSIONER: They have sent me a copy of a letter they sent to Mr Roberts, your national legal officer and also a separate letter which I should probably read for your information:

PN13

Please be advised that having been served with a log of claims from the CFMEU, we do not object to a duplicate finding being made.

PN14

I don't know what they mean by that:

PN15

However, we ask that the Commission place on record that we object to being roped-in as respondents to the National Joinery and Building Trades Products Award. The basis of this objection has previously been outlined to the CFMEU in our correspondence dated 10 October 2003 and we enclose a copy of this letter and request that it be entered on the record at the proceedings on 17 December 2003. We also request that any further hearing of the matter relevant to our company be listed in Sydney.

PN16

You probably agree with that, Mr Smith.

PN17

MR SMITH: Yes, I certainly would, Commissioner.

PN18

THE COMMISSIONER: I see in the letter of 10 October to Mr Roberts, they say that they are party to the Metal, Engineering and Associated Industries State Award and they also have a certified agreement in the Federal jurisdiction. Thanks. I will pursuant to section 101 of the Workplace Relations Act find that a dispute exists between the Construction, Forestry, Mining and Energy Union and Australian Corporate Signage Pty Limited of Carrum Downs, Victoria, Neon Wholesale Pty Limited of North Altona, Victoria, West Coast Windows Pty Limited of Newtown, Victoria, Mirage Industries Pty Limited of Braeside, Victoria, and C-Lite Pty Limited at Lake Illawarra in New South Wales.

PN19

The matters in dispute are those contained within the log of claims served on the employers on 2 October 2003. I am satisfied that all of those employers who have been served were served properly and to that end, I note exhibit CFMEU1 which is a registered post record of the serving of the log of claims. I am further satisfied that the same employers were aware of today's proceedings. In terms of the finding of dispute, I direct that the parties confer on the matters in dispute and a formal finding of this will be attached to the file in due course. If there is nothing further - - -

PN20

MR SMITH: No, Commissioner.

PN21

THE COMMISSIONER: - - - these proceedings will stand adjourned. Thank you.

ADJOURNED INDEFINITELY [10.10am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CFMEU1 AFFIDAVIT OF SERVICE PN7