C2003/324, Transcript of Proceedings [2004] AIRCTrans 279 (19 January 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 2, 16 St George's Tce, PERTH WA 6000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 102

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT McCARTHY

C2003/324

SCIENTIFIC SERVICES PROFESSIONAL
SCIENTISTS AWARD 1998

Application under section 113 of the Act
by Analabs Proprietary Limited to vary
the above award re insertion of a new
subclause in Appendix B - B.4.13

PERTH

10.28 AM, TUESDAY, 6 JANUARY 2004

PN1

MS S. MADDERN: I seek leave to appear with MR MARK HAMERSLEY on behalf of SGS Australia.

PN2

THE DEPUTY PRESIDENT: Leave is granted.

PN3

MS R. SINTON: I appear on behalf of APESMA.

PN4

THE DEPUTY PRESIDENT: Ms Maddern?

PN5

MS MADDERN: Mr Deputy President, we would rely on the submissions from the bar table that I made in respect to matter number 323 of 2003 in respect to this application and seek that the Scientific Services Professional Scientists Award 1998 be varied as set out in our application. However, in discussions with Ms Sinton it has become clear that despite the union receiving a copy of the notice of listing and the application, in fact twice, both upon the filing of the application and also in accordance with your order for substituted service, due to leave commitments I understand that the union is not in a position to formally consent to this application today but perhaps I will leave that to Ms Sinton to briefly explain to the Commission.

PN6

THE DEPUTY PRESIDENT: Yes. You served all the documentation in accordance with the rules and the directions?

PN7

MS MADDERN: Yes, on 22 December we sent a copy of the notice of listing and the application to the Secretary of APESMA here in Perth by facsimile and also sent a copy by post. And then you issued the order for substituted service on 23 December. We then sent another copy of the application and the notice of hearing by facsimile in accordance with that order for sub-service to the Secretary of APESMA here in Perth.

PN8

THE DEPUTY PRESIDENT: Has there been any discussion with APESMA?

PN9

MS MADDERN: There were certainly lengthy discussions between Mr Hamersley and Mr Moss. Well, initially, Mr Ian Johnson of APESMA, who retired early December. The carriage of this matter, the SGS restructure has been on-going for quite a period of time. He has had discussions with Mr Moss. However, I can't say that I have anything in writing via e-mail to the effect that the union consented to this application but certainly there was no indication given to Mr Hamersley from Mr Moss that there would be a problem, but for the record Mr Moss indicated that he would look at the application and get back to the company.

PN10

And, unfortunately, that has not happened in the last couple of weeks. So, we are ready to go and we would like the application to proceed and like the order issued. But I guess that is not possible, given that the union today is not in a position to consent.

PN11

THE DEPUTY PRESIDENT: Well, it may not be possible. The same operative date you are seeking of 15 December?

PN12

MS MADDERN: Ideally, yes, Mr Deputy President.

PN13

THE DEPUTY PRESIDENT: Based on the circumstances of the change in ownership of Analabs?

PN14

MS MADDERN: Yes, correct.

PN15

THE DEPUTY PRESIDENT: Yes.

PN16

MS MADDERN: Thank you.

PN17

THE DEPUTY PRESIDENT: Yes. Thanks, Ms Maddern. Ms Sinton?

PN18

MS SINTON: Deputy President, I would just like to say that the matter is under consideration by APESMA. It is being dealt with by industrial staff both in the Eastern States and by our Acting Director, Mr John Moss. However, as they are both on leave, we are actually going to have to oppose this application at this stage.

PN19

THE DEPUTY PRESIDENT: And the basis of the opposition?

PN20

MS SINTON: Just that the people concerned are on leave.

PN21

THE DEPUTY PRESIDENT: I see. When will they be returning from leave?

PN22

MS SINTON: Next week, Tuesday.

PN23

THE DEPUTY PRESIDENT: Yes. Thank you, Ms Sinton. Ms Maddern, what do you have to say, if anything, to add or comment on about that?

PN24

MS MADDERN: Well, the company is disappointed that it can't have these matters concluded today. But I guess it was the Christmas/New Year period and unfortunate as it is if the shoe were on the other foot we wouldn't like an application to vary the award to be made in our absence, if it was affecting the company. We would simply ask that through the Commission and through Ms Sinton today that the appropriate union personnel look at this application as soon as they do return from leave and we will be in contact with them to see if we could progress this matter and have it re-listed as quickly as possible before the Commission.

PN25

THE DEPUTY PRESIDENT: Yes. Thank you, Ms Maddern. Well, look, what I will do is I will adjourn these proceedings. I will if I have not received a clear indication of attitude and reasons by the union as to why the application would be opposed or why an order should not issue, if I haven't received notification with supporting reasons of opposition by close of business on 15 January, I will issue an order in the terms sought with an operative date of 15 December 2003. The union should, therefore, whoever the personnel are that return from leave, that would have carriage of this, give immediate attention to it and advise my office accordingly.

PN26

Should there be grounds put forward or reasons opposing the application, then I will list the matter for hearing in the week of 15 January, Ms Maddern. Probably on the 16th or the 17th.

PN27

MS MADDERN: Thank you.

PN28

THE DEPUTY PRESIDENT: And that should also be alerted to the union official concerned. That listing will not comply with the rules and terms of the 10 days notice, however, I see in the circumstances there wold be good reason to waive that rule. I will adjourn the matter on that basis, Ms Maddern. Yes, Ms Maddern?

PN29

MS MADDERN: Thank you. Just in respect to the previous matter, 323 of 2003, formally for the record, the Commission is prepared to issue - - -

PN30

THE DEPUTY PRESIDENT: I will issue an order in the terms of the order sought together with an operative date of 15 December 2003 for the Analabs Award, Ms Maddern.

PN31

MS MADDERN: Thank you, sir.

PN32

THE DEPUTY PRESIDENT: Thank you. This matter is adjourned.

ADJOURNED INDEFINITELY [10.35am]