C2003/6739, Transcript of Proceedings [2004] AIRCTrans 13 (8 January 2004)

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 5671

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

C2003/6739

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act
by Applied Laser Group Pty Limited for an
order to stop or prevent industrial action

MELBOURNE

12.04 PM, THURSDAY, 11 DECEMBER 2003

PN1

MR R. MARASCO: I am from the Australian Industry Group acting on behalf of our member company, Applied Laser Group Pty Ltd. With me is MR W. CROWDER who is the Operations Manager and MS J. NAYLOR who is the HR Manager.

PN2

MS K. WILD: I appear on behalf of the AMWU and with me is MR C. SPINDLER, the organiser with the union, and MR R. PARRETTA, a shop steward from the site.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Marasco.

PN4

MR MARASCO: Thank you, your Honour. Your Honour, this is an application pursuant to section 127 of the Workplace Relations Act for an order to stop industrial action which we say is currently happening at the Tullamarine operations of the company. At the Tullamarine operations there are nine employees in question who were to be covered by a proposed enterprise agreement with the AMWU. If I could just hand up some documents to you. It is just a bundle of various documents, your Honour. If I could go through them with you. The front page is just a facsimile to me from the Melbourne regional manager explaining what has happened.

PN5

The next page is the notice of initiation of bargaining period which was served and filed by the AMWU in relation to the company. The following pages are then a copy of a sort of a draft enterprise agreement and then the very last page is handwritten notes that I think are Mr Spindler's writing.

PN6

MR SPINDLER: It is my writing.

PN7

MR MARASCO: Yes, handwritten notes by Mr Spindler about the outstanding issues in dispute. Your Honour, the reason the company has brought the application for a 127 order is that there are no valid section 170MO notices in place. Although the union has served the company with notices initiating a bargaining period eight employees are currently on strike and have a picket in the driveway of the Tullamarine operation and have failed to give it notice in writing in accordance with the Act as to that industrial action. The company is only a small business. It is only nine employees that would be proposed to be covered by that agreement.

PN8

The company's operations are to laser cut steel and they supply, amongst other things to Holden and Spicer's. They are losing revenue in the amount of approximately $20,000 a day whilst the illegal industrial action continues and the company is also very concerned because it is losing customers to its competitors as a result of the ongoing industrial action. The company is very keen to resolve the industrial action by conciliation but if necessary would be seeking the appropriate orders.

PN9

I thought at this stage I might give Ms Wild an opportunity to respond to what I have said and perhaps to give undertakings that the industrial action will cease forthwith and maybe we could have a conciliation conference chaired by your Honour to try to discuss the outstanding issues which I understand are only four. There is long service leave, protection of entitlements, hours of work and wages and, your Honour, that concludes my preliminary submission unless you have any further questions for me at this stage.

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PN10

MR MARASCO: Thank you.

PN11

THE SENIOR DEPUTY PRESIDENT: Ms Wild.

PN12

MS WILD: Thank you, your Honour. Mr Marasco outlined the issues that are still outstanding. I will just go over them in a bit more detail. We are seeking an improvement in the long service leave provisions in the form of access to pro rata after seven years. We are seeking a bank guarantee to protect the entitlements of the employees. We are seeking a payment in relation to an issue that has been ongoing which is that the employees at the site have been working 40 hours at ordinary pay whereas they should have been working 38 hours at ordinary pay with two hours at overtime. So we are seeking a payment to the employees to make up - to settle that issue as part of the negotiations.

PN13

THE SENIOR DEPUTY PRESIDENT: Is that an alleged breach issue?

PN14

MS WILD: Well, it is just something we are just trying to sort out here, yes, but it is an alleged breach issue. And also we are just slightly apart in relation to some of the wage rates at the lower end of the scale. Your Honour, negotiations have been going on since August with the company and in that time there has been no action taken in that time. We say that the company has been stalling in reaching an agreement with the employees and so we also would seek - be happy to go into conciliation and try to sort out these final issues further than going, than proceeding, and in relation to the 127 application we would just indicate that we haven't received any submissions or witness statements and on that basis we would seek to have the matter adjourned until these are provided and for us to prepare a case in reply.

PN15

But, as I said, we are very welcome - we welcome an opportunity to conciliate and try and finalise the agreement.

PN16

THE SENIOR DEPUTY PRESIDENT: Have you served an MO notice?

PN17

MS WILD: No, we haven't.

PN18

THE SENIOR DEPUTY PRESIDENT: Are the employees taking industrial action?

PN19

MR PARRETTA: Yes, they are.

PN20

MS WILD: There is some action taking place at the moment.

PN21

THE SENIOR DEPUTY PRESIDENT: So it is illegal? You will have to say yes or no. It doesn't record a nod.

PN22

MS WILD: It would appear that way but we would want to see what the company were seeking before we say too much more.

PN23

THE SENIOR DEPUTY PRESIDENT: Well, there mightn't be any need for too many witnesses I would have to say in light of what has fallen from the bar table, if one proceeds with the section 127. Yes, thank you.

PN24

MS WILD: Thank you.

PN25

THE SENIOR DEPUTY PRESIDENT: Anything you want to add, Mr Marasco?

PN26

MR MARASCO: I beg your pardon, your Honour.

PN27

THE SENIOR DEPUTY PRESIDENT: Anything you want to add?

PN28

MR MARASCO: No, nothing further, your Honour, at this stage, just to say that we note that the union has conceded that there are no valid or there are no section 170MO notices at all and that industrial action is occurring and there is no legitimate reason why that action is occurring in absence of the 170MO notices so we would like that action to be lifted as soon as possible, either by an order from the Commission but preferably if the union just gives the appropriate undertakings that the industrial action in the form of a picket and the strike is lifted immediately.

PN29

We are happy to have some discussions now with the assistance of your Honour. I understand you do have other cases this afternoon - I am not sure how much time you have to spare with the parties. It might also be appropriate there be further meetings tomorrow with other representatives from the company but the company isn't prepared to meet and have further discussions while there is unlawful action occurring. If the Commission pleases.

PN30

THE SENIOR DEPUTY PRESIDENT: Is the union going to lift the or are the employees going to lift the industrial action?

PN31

MR SPINDLER: We can go to a mass meeting - - -

PN32

THE SENIOR DEPUTY PRESIDENT: Stand up, Mr Spindler.

PN33

MR SPINDLER: Sorry. We can go to a mass meeting at 7 o'clock in the morning and discuss that issue, Commissioner, but while we are here it is impossible to organise such a - - -

PN34

THE COMMISSIONER: Are you going to recommend it?

PN35

MR SPINDLER: I expect so given that the likelihood is that we have discussions today to see how we go with the outstanding issues and then again tomorrow - if it opens up that opportunity to have more discussions tomorrow, it is more than likely, your Honour.

PN36

THE SENIOR DEPUTY PRESIDENT: Yes. All right. We will adjourn into conference.

NO FURTHER PROCEEDINGS RECORDED

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

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