C2004/2795, Transcript of Proceedings [2004] AIRCTrans 1652 (3 May 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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

TRANSCRIPT OF PROCEEDINGS


O/N 6811
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C2004/2795

THE AUSTRALIAN WORKERS
UNION

and

WKGP OIL INDUSTRY CATERING
SERVICES

Notification pursuant to section 99 of the Act
of an industrial dispute re wages and conditions
of employment

MELBOURNE

4.32 PM, THURSDAY, 22 APRIL 2004

PN1

MR S. WOOD: I appear for the national office of the Australian Workers' Union.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Wood, have you had any communication with the respondent in this matter?

PN3

MR WOOD: We have had some brief correspondence on 5 March when they contacted the office and we asked them to send some details through, but since we logged the employer, and so forth, we haven't had any direct contact with them, but we understand that they have been in contact with the Commission themselves.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, well, I will perhaps indicate to you, I have a letter dated 20 April 2004 from Oil Industry Catering Services addressed to the Australian Industrial Relations Commission, and it reads:

PN5

Thank you for your -

PN6

it says "your advice in the above matter". I trust my Associate was not giving advice in the matter.

PN7

We confirm that we consent to a dispute being found and agree to being roped-in to the award namely the Oil Drilling Rig Workers AWU Onshore Award. Unless there are other compelling reasons, we elect not to attend the hearing.

PN8

I will mark that document as OIC1.

EXHIBIT #OIC1 LETTER FROM OIL INDUSTRY CATERING SERVICES DATED 20/04/2004

PN9

MR WOOD: Yes, if the Commission pleases, pursuant to section 99 of the Workplace Relations Act the Australian Workers' Union notifies the Commission of an alleged industrial dispute between the company and ourselves in the hydrocarbons industry. On 25 March 2004 the AWU served upon the employer of which you should have a copy of, marked as Schedule A, a letter of demand and log of claims setting out the rates of pay and conditions of employment that the union demands shall apply to employees engaged by the said employer.

PN10

A copy of the letter of demand and log of claims is attached to the material provided and it is marked with the letter B. The time specified in the letter of demand for acceptance of the log of claim has elapsed, and the said employer has not acceded to the claim. Further documentation has been provided to the Commission, a copy of statement to service in respect of the matter is attached hereto and marked as letter C, and a copy of a statement by an officer made in respect of this matter is attached and marked letter D.

PN11

There are just three other documents that I would like to hand the Commission. The first document is a copy of the - or is the registered post that shows that the union had properly served in accordance with the Act.

EXHIBIT #AWU1 REGISTERED POST RECEIPT

PN12

MR WOOD: The second document is a print of an e-mail that had been sent to the union from WKGP Pty Ltd, Mr. Hope the director, outlining where his address and postal address was.

EXHIBIT #AWU2 E-MAIL FROM WKGP PTY LTD

PN13

MR WOOD: And the last document is dated 19 April 2004 and it is an advice to the company that this matter would be heard on the 22 April at the Commission at 4.30 in Nauru House, 80 Collins Street. The purpose of the hearing was to have a dispute found. We had advised the company that we had prepared a draft order in part settlement of that dispute that would bind the company. Now it actually says that the AWU Oil Drilling Rig Workers' Offshore Award.

PN14

That needs to be corrected as the company has indicated to the Commission that they were happy to get roped-in to the AWU Onshore Oil Drilling Award, which is the offshore one, so there is a correction there. We would agree to this company being roped-in to the Onshore Award. It just basically goes on to indicate that they should contact the Commission if they didn't want to appear today and whether they consent to the dispute finding and the roping-in award.

PN15

THE SENIOR DEPUTY PRESIDENT: Which award are they consenting to being roped-in to?

PN16

MR WOOD: They are consenting to the AWU Oil Drillers Onshore Award, not the Offshore Award as indicated in that number 3.

PN17

THE SENIOR DEPUTY PRESIDENT: So are you going to provide me with another draft order?

PN18

MR WOOD: I have given to your Associate the draft order that we propose, but we will make the amendment and will send that to your Associate electronically, so it will be easier for that rectification to be made.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes, all right. So when will you send that?

PN20

MR WOOD: I can send that tomorrow.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, all right. So what is the actual name of the award, tell me again?

PN22

MR WOOD: I haven't got it on the top of my head but the company did send you an indication. I think it is the AWU Oil Drillers Onshore Workers Award.

PN23

THE SENIOR DEPUTY PRESIDENT: All right. Well, Oil Drilling Rig - sorry just bear with me a moment. So it is the Oil Drilling Rig Workers AWU Onshore Award 1999. Is that right?

PN24

MR WOOD: That is correct.

PN25

THE SENIOR DEPUTY PRESIDENT: Yes, all right, yes.

PN26

MR WOOD: On the basis of the submissions and the documents served, your Honour, the union respectfully requests that the Commission find a dispute and, then secondly in part settlement of that dispute once the AWU provides the Commission with the draft order, ropes in that company to that particular award.

PN27

THE SENIOR DEPUTY PRESIDENT: Mr. Wood, I don't seem to have a copy of the letter of demand, or sorry the log of claims?

PN28

MR WOOD: I can provide that to the Commission, here is a copy of that letter of demand.

PN29

THE SENIOR DEPUTY PRESIDENT: Yes, but this isn't the log of claims, this is just a letter.

PN30

MR WOOD: The log of claims I can give a copy too. Sorry, I thought the Commission had it, but it might be - - -

PN31

THE SENIOR DEPUTY PRESIDENT: No it is not on the file.

PN32

MR WOOD: - - - my mistake.

PN33

THE SENIOR DEPUTY PRESIDENT: I will mark the log of claims as AWU4.

EXHIBIT #AWU4 LOG OF CLAIMS

PN34

THE SENIOR DEPUTY PRESIDENT: Yes, all right, did you want to say anything?

PN35

MR WOOD: No, that is all.

PN36

THE SENIOR DEPUTY PRESIDENT: All right. Pursuant to section 101 of the Workplace Relations Act 1996 the Commission determines, records and finds as follows:

PN37

1. That there exists an industrial dispute within the meaning of the Act in the State of Victoria.

PN38

2. The parties to the dispute are the AWU of the one part and, WKGP Oil Industry Catering Services of the other. The matters in dispute are the claims as to wages and working conditions set out in the log of claims marked AWU4 and attached to the letter of demand dated 25 March 2004. The letter of demand is signed by Sam Wood, National Vice-President of the AWU, a copy of which is attached to this record of findings.

PN39

Now, you want me to make the order of roping-in now? It's a bit unusual, isn't it?

PN40

MR WOOD: Normally, I would say, yes it is unusual but given the - with consent of the employer and that it was actually them in contact with the union, unless there is something I am not familiar with your Honour, I believe that - - -

PN41

THE SENIOR DEPUTY PRESIDENT: Well, they agree to being roped-in; I suppose that it is sufficient, isn't it?

PN42

MR WOOD: Yes.

PN43

THE SENIOR DEPUTY PRESIDENT: Yes, all right. Yes, well I will make the order. It will be an award known as the Oil Drilling Rig Workers AWU Onshore Award 1999 Consolidated Award. I am sorry that 2001, is that right?

PN44

MR WOOD: I believe so. I believe that is the time in which that particular award was simplified.

PN45

THE SENIOR DEPUTY PRESIDENT: So it is the Oil Drilling - no but that 2001 one is the offshore one, isn't it? 1999 was the onshore one.

PN46

MR WOOD: I believe the - - -

PN47

THE SENIOR DEPUTY PRESIDENT: Well, look I will tell you what I will do. You provide me with the draft award - - -

PN48

MR WOOD: Yes, I will do that.

PN49

THE SENIOR DEPUTY PRESIDENT: - - - and, subject to it being in the proper form I will make it for the first pay period on or after 28 April.

PN50

MR WOOD: Okay.

PN51

THE SENIOR DEPUTY PRESIDENT: All right. And you will serve a copy of that on the employer.

PN52

MR WOOD: Yes.

PN53

THE SENIOR DEPUTY PRESIDENT: All right. Is there anything else? No, very well, the matter is adjourned.

ADJOURNED INDEFINITELY [4.45pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #OIC1 LETTER FROM OIL INDUSTRY CATERING SERVICES DATED 20/04/2004 PN9
EXHIBIT #AWU1 REGISTERED POST RECEIPT PN12
EXHIBIT #AWU2 E-MAIL FROM WKGP PTY LTD PN13
EXHIBIT #AWU4 LOG OF CLAIMS PN34