C2004/3655, Transcript of Proceedings [2004] AIRCTrans 3224 (16 August 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

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

TRANSCRIPT OF PROCEEDINGS


O/N 3655

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/3655

NATIONAL UNION
OF WORKERS

and

KATHMANDU PTY LTD
AND OTHERS

Notification pursuant to section 99 of the Act
of a dispute re wages and working conditions

MELBOURNE

10.03 AM, TUESDAY, 3 AUGUST 2004

Continued from 22.6.04

PN31

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Maas, you are appearing for the NUW?

PN32

MR G. MAAS: Yes, that is correct, your Honour.

PN33

THE SENIOR DEPUTY PRESIDENT: I have got in ahead of you. Mr Maas, I have on the file a statement of service executed by Mr Donnelly attesting to the service by registered post of correspondence enclosing a notice of listing in relation to this matter, and registered post receipt that the correspondence was forwarded to Andora Australia Pty Ltd.

EXHIBIT #NUW3 STATEMENT OF SERVICE BY MR DONNELLY ENCLOSING NOTICE OF LISTING AND REGISTERED POST RECEIPT

PN34

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Maas.

PN35

MR MAAS: And also at this stage, your Honour, if I might tender the draft roping-in award which we seek.

PN36

THE SENIOR DEPUTY PRESIDENT: Certainly. Thank you.

EXHIBIT #NUW4 DRAFT ROPING-IN AWARD

PN37

MR MAAS: Thanks, your Honour. Your Honour, you will recall that you found the existence of a dispute pursuant to section 101 of the Act on 22 June this year between the NUW on one part and Andora Australia Pty Ltd, amongst other companies, on the other. The union forwarded correspondence to Andora on the following day and proposed the roping-in award, as drafted in exhibit NUW4, as a means of part settling the dispute. Today we received no response from Andora Australia Pty Ltd. On 19 July we sought a relisting of the matter for making the draft roping-in award, and as noted in NUW3, the affidavit of Charles Donnelly, we have served the notice of listing which we received from the Commission on Andora.

PN38

The proposed roping-in award is drafted in the following terms. Clause 1 gives the award title, clause 2 gives the arrangement of the award, clause 3 states that the union is seeking that the award comes into effect from the first full pay period to commence on or after today's date and that the award remains in force for a period of six months. Clause 4 names the parties to be bound to the Storage Services General Award. Part 5 is standard savings provisions clause, and part 6 provides that the provisions of the relevant award is varied from time to time and to be applied.

PN39

Your Honour, we seek that this award be made on the terms as detailed and exhibited in NUW4 and we submit that the making of this award by the Commission will partially settle the dispute found by the Commission and will serve to ensure that a safety net of minimum wages and conditions is established and maintained. Subject to any questions which you may have that concludes the union's submission.

PN40

THE SENIOR DEPUTY PRESIDENT: The award which will in effect govern the Employment Storage Services General Award is a simplified award dealing with only allowable matters.

PN41

MR MAAS: Yes, it is.

PN42

THE SENIOR DEPUTY PRESIDENT: Yes, very well, thank you for that. Yes, this is an application by the National Union of Workers for the making of a roping-in award in part settlement of an industrial dispute found on 22 June in C2004/3655. The award seeks to bind Andora Australia Pty Ltd and the NUW, both parties to that dispute, to the terms of the Storage Services General Award 1999 as varied from time to time. I am satisfied through exhibit NUW3 that the proposed employer respondent, Andora Australia Pty Ltd, has been served with a copy of notice of hearing, that notice of hearing identifies the purpose of the listing is in relation to the making of a roping-in award.

PN43

That company has not appeared but I am satisfied that it has been properly served and has not had an opportunity to be heard. And I am satisfied that the roping-in award sought, in that it applies the terms of a simplified award, deals only with the allowable matters and that the making of the award is consistent with the establishment and maintenance of an effective safety net of minimum terms and conditions. Accordingly I will vary the - I will make an award in the terms of exhibit NUW4, the award shall commence from the beginning of the first full pay period to commence on or after 3 August 2004 and shall remain in force for a period of six months. I will now adjourn these proceedings.

ADJOURNED INDEFINITELY [10.10am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW3 STATEMENT OF SERVICE BY MR DONNELLY ENCLOSING NOTICE OF LISTING AND REGISTERED POST RECEIPT PN34
EXHIBIT #NUW4 DRAFT ROPING-IN AWARD PN37