C2004/3863, Transcript of Proceedings [2004] AIRCTrans 2140 (9 June 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 11568

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

C2004/3863

MARITIME UNION OF AUSTRALIA

and

AMS STEVEDORING PTY LIMITED

Notification pursuant to section 99 of the Act
of an industrial dispute re wages and conditions
(log of claims)

SYDNEY

2.36 PM, MONDAY, 31 MAY 2004

PN1

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

PN2

MR C.J. DEIGHTON: I appear on behalf of AMS Stevedoring.

PN3

THE COMMISSIONER: Yes, Ms White?

PN4

MS WHITE: Commissioner, I will again try to be brief, if I can. The MUA on 23 January 2004 served by registered post a log of claims and a letter of demand dated 23 January 2004 by Australian Marshalling Services Pty Ltd. The letter of demand required the employers to agree to a log of claims within 72 hours of the date of the letter. The letter of demand also advised that failure to respond by the employers would result in steps by the MUA to secure a resolution to that dispute.

PN5

The MUA received a refusal of all claims by AMS on 16 February 2004. On 17 May, the MUA filed in the Commission a section 99 notification of an alleged industrial dispute and the Commission should have a copy of the documents that were lodged. Those documents include the dispute notice, the statement of service, the statement of an authorisation and the list of persons served, copies of the letter of demand, log of claims and registered paid receipt and a refusal letter by Australian Marshalling Services.

PN6

We were then subsequently advised by AMS Stevedoring Pty Ltd that they would be the employing entity of wharf-side workers. A company that was not registered until 19 May 2004, and after our log of claims were served. I understand that AMS Stevedoring is a wholly owned subsidiary and related company to Australian Marshalling Services. i can hand up a copy of the company search if that is of assistance. On 21 May 2004, we received a letter from the Australian Industrial Relations Commission setting the matter down for today and directing the MUA to advise the parties of the hearing and to provide a copy of the notice of listing and Form R5 which was done on 27 May 2004.

PN7

Commissioner, subject to what my friend has to say, we would seek to have a formal finding of an industrial dispute with AMS Stevedoring Pty Ltd and if the Commissioner finds an industrial dispute, I would also like to make submissions about roping them in to the Stevedoring Industry Award and the Stevedoring Industry Long Service Leave Award. I understand that the application is proceeding by way of consent. If the Commission pleases.

PN8

THE COMMISSIONER: Yes, thank you. Yes, Mr Deighton, do you have anything to add?

PN9

MR DEIGHTON: I beg your pardon?

PN10

THE COMMISSIONER: Do you have anything to add?

PN11

MR DEIGHTON: Commissioner, on behalf of the Australian Marshalling Services Stevedoring, we consent to the roping-in.

PN12

THE COMMISSIONER: Yes, thank you. Ms White, now that we have clarified it and a dispute is to able to be expanded upon and restricted in various ways and clarified, what is the name of the employer as far as you say?

PN13

MS WHITE: It is AMS Stevedoring Pty Ltd.

PN14

THE COMMISSIONER: Yes, okay. Yes, thank you. In relation to the submissions and documentation, the Commission finds that there is an existence of an industrial dispute within the meaning of the Act between the Maritime Union of Australia and AMS Stevedoring Pty Ltd of Kings Garden Estate, Level 1, 99 Coventry Street, South Melbourne in Victoria. The subject matter of the dispute are those items demanded in the log of claims attached to the letter of demand. On that basis, as I said, the dispute will be found and a formal finding will issue in due course and the parties are referred into conference.

PN15

I understand that the parties have conferred and have a proposal as to how this dispute should, at least for the current period, be part settled. Ms White, can you inform me better?

PN16

MS WHITE: Yes, Commissioner, thank you for that. This matter does come before you as a consequence of that dispute finding and it would be between the Maritime Union of Australia and AMS Stevedoring Pty Ltd. The dispute concerns demands by the union on AMS Stevedoring to comply with the requirement to pay wages and conditions and the provisions of terms and conditions of employment consistent with our log of claims served on 23 January.

PN17

As a result of the Commission having found that dispute, the Maritime Union of Australia and AMS Stevedoring Pty Ltd have confirmed and now seek that the Commission make an award by consent pursuant to section 111(1)(b) of the Act in part settlement of the dispute. Commissioner, if I could refer you to the copy of the proposed consent award provided to the Commission on or around 17 May. I would also refer to the statement which is required by the Act in conforming with subrule 20, subsection 2 as to the statement in relation to consent by the MUA for making the award.

PN18

It is a statement by the National secretary, Patty Connolly, who is empowered under the registered rules of the organisation to improve or endorse the making of such an award. Commissioner, if I could briefly take you through the draft awards, you will see that the roping-in awards which seeks to bind the parties to previous award of the Commission being the Stevedoring Industry Award 1999 and the Stevedoring Industry Long Service Leave Award 1992. Clause 1 deals with the title, being the Stevedoring Industry Roping-In Number 1 Award 2004 and the Stevedoring Industry Long Service Leave Roping-In Number 1 Award 2004.

PN19

Clause 2 states the arrangements. Clause 3 talks about the operation in which the document expressed that the award shall come into operation from the first full pay period on or after today's date and remain in force for a period of 6 months. Clause 4 refers to the parties, being the Maritime Union of Australia and AMS Stevedoring Pty Ltd and clause 5 is the application and scope of the award and simply reiterates what I mentioned earlier, that these roping-in awards seek to have the Stevedoring Industry Award and the Stevedoring Industry Long Service Leave Award as varied by the parties applied.

PN20

But any existing rights, obligations and liabilities arising or accruing from that award shall remain unaffected by the roping-in awards made today before you. Commissioner, on the understanding that these awards are made by consent by both the MUA and AMS Stevedoring Pty Ltd. In lodging these applications and seeking the awards to be made, the union is of the view that it has complied with the procedural requirements of the Act, the rules and the regulations and we contend that the making of these roping-in awards will not offend any of the Commission's wage fixing principles.

PN21

Therefore on the grounds of public interests and any other grounds that the Commission deems appropriate, the MUA requests the awards be made in the terms of the application. If the Commission pleases.

PN22

THE COMMISSIONER: Yes, thank you. Yes, Mr Deighton, do you have anything to add?

PN23

MR DEIGHTON: Commissioner, as I said before, we consent to being roped in to both awards.

PN24

THE COMMISSIONER: On the basis of the submissions and documentation note and consent, the Commission proposes that the application to part settle the dispute should be made and take the form of two awards which the Commission will make and those awards will be known as Stevedoring Industry (Long Service Leave) (Roping-in Number 1) Award 2004 and the Stevedoring Industry (Roping-in Number 1) Award 2004. Both those awards will apply from 31 May 2004 and they will remain in force for a period of 6 months. On that basis, these proceedings are now adjourned. Thank you.

ADJOURNED INDEFINITELY [2.45pm]