C2002/6156, Transcript of Proceedings [2004] AIRCTrans 1532 (21 April 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 10583

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

C2002/6156

MARITIME UNION OF AUSTRALIA

and

AGIP AUSTRALIA LIMITED and OTHERS

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

SYDNEY

11.32 AM, TUESDAY, 13 APRIL 2004

THESE PROCEEDINGS WERE CONDUCTED BY VIDEO
CONFERENCE IN SYDNEY

PN1

THE COMMISSIONER: Could I have the appearances please?

PN2

MS J. WHITE: If the Commission pleases I appear on behalf of the Maritime Union of Australia.

PN3

MS N. WAINWRIGHT: I appear on behalf of Total Marine Services.

PN4

THE COMMISSIONER: Thank you, Ms Wainwright. Yes, Ms White?

PN5

MS WHITE: Commissioner, this matter comes before you as a consequence of the dispute finding found on 12 February 2003, a dispute finding between the Maritime Union and Total Marine Services Pty Limited. That dispute concerned the demands by the union of Total Marine Services to comply with the requirements of a log of claims and letter of demand. As a result of the Commission having found that dispute the Maritime Union and Total Marine Services now seek that the Commission make an award by consent pursuant to section 111(1)(b) of the Act in part settlement of that dispute so found.

PN6

Commissioner, if I could hand up a copy of the proposed consent award and a written statement in compliance with rule 22 of section 2. It is a statement by the national secretary, Mr Krumlin, who is empowered under the registered rules of the MUA to approve or endorse the making of such an award and a copy of the draft award that we propose today.

PN7

If I could just briefly take you through that draft award you will see that it is a roping-in award which seeks to bind the parties to an earlier award of the Commission that being the Floating Production Facilities Award 2000. Clause 1 deals with the title to be known as the Floating Production Facilities (Roping-in Number 1) Award 2004. Clause 2 refers to the parties to be bound being the Maritime Union of Australia and Total Marine Services Pty Limited. Clause 3 is the application of the award and the roping-in award seeks to have the Floating Production Facilities Award 2000 to apply. Clause 4, lastly, deals with the duration to come into effect from today's date for a period of six months.

PN8

Commissioner, I am of the understanding that the award is by consent of both parties and that it is in compliance with the Act, the rules and the regulations. The MUA request that the award be made in the terms of the application. If the Commission pleases.

PN9

THE COMMISSIONER: The statement of Mr Krumlin will be exhibit MUA 1 and the draft order will be exhibit MUA 2.

EXHIBIT #MUA1 STATEMENT OF MR KRUMLIN, NATIONAL SECRETARY OF MUA1

EXHIBIT #MUA2 DRAFT ORDER

PN10

THE COMMISSIONER: Yes, Ms Wainwright?

PN11

MS WAINWRIGHT: Thank you, Commissioner. Ms White has outlined some of the history to this application and I certainly don't intend to go through it in any further detail than that. The application is by consent. The Maritime Union have also provided to myself a copy of that draft order in MUA #2 and the employer agrees with the contents of the order.

PN12

THE COMMISSIONER: Thank you. This is an application to part settle a dispute found earlier by the making of an award. On the basis of the submissions and documentation and also relevant requirements of the Act and of the rules of the Commission including the fact that the parent award, if I might call it that, is an award that has been subject to the simplification process, the Commission will make an award to be known as the Floating Production Facility (Roping in Number 1) Award 2004. The parties bound to that award are Total Marine Services Pty Limited and the Maritime Union of Australia. The award will come into operation from 13 April 2004 and remain in force for six months. On that basis these proceedings are now adjourned.

ADJOURNED INDEFINITELY [11.36am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #MUA1 STATEMENT OF MR KRUMLIN, NATIONAL SECRETARY OF MUA1 PN10
EXHIBIT #MUA2 DRAFT ORDER PN10