C2004/4875, Transcript of Proceedings [2004] AIRCTrans 3449 (2 September 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 8276
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

C2004/4875

APPLICATION FOR AN AWARD

Application pursuant to section 111(1)(b)
of the Act by the National Union of Workers
for an award

MELBOURNE

10.24 AM, MONDAY, 23 AUGUST 2004

PN1

MR P. RICHARDSON: I appear on this occasion for the National Union of Workers.

PN2

THE DEPUTY PRESIDENT: Yes, I think you are all on your own again.

PN3

MR RICHARDSON: Yes, your Honour, I am wondering if I might inquire as to whether you have received correspondence from Mr McLean of Integrated Workforce in respect of this matter?

PN4

THE DEPUTY PRESIDENT: I have a copy - yes, I have actually, a copy from a Mr McLean of Integrated Group, yes, dated 23 August.

PN5

MR RICHARDSON: Thank you. Your Honour, in these proceedings the union seeks in part settlement of the dispute found by the Commission as presently constituted the making of a roping in award that would have the effect of binding Integrated Workforce Pty Ltd to the terms and conditions of the Storage Services Materials Handling Award of 2002 in respect of its operations - I beg your pardon, in respect of its employees within the State of Victoria. I seek to tender a copy of the draft award sought.

EXHIBIT #NUW1 DRAFT AWARD

PN6

MR RICHARDSON: Thank you, your Honour. Your Honour, the union has had the opportunity to discuss this matter with the company and Mr McLean in particular and by means of electronic mail and phone conversations over the past couple of weeks the company has indicated consent to the roping in award as sought, subject to the date of operation being prospective and it is agreed between the parties that such prospective date should be the first full pay period on or after 1 September this year. I would assume that the correspondence that you have before you in part at least addresses and confirms that consent.

PN7

THE DEPUTY PRESIDENT: Yes, it does, subject to the date - the correspondence reads in respect of this particular application:

PN8

Integrated Workforce consents to the roping in but retains its rights with respect to further discussions with the union in relation to the applicable date of commencement.

PN9

In respect of the application regarding the Materials Handling Award, it states that:

PN10

Integrated Workforce consents to the roping in with the applicable start date commencing first pay period on or after 1 September.

PN11

So you are suggesting that the applicable date in respect of this particular application to which they refer in this letter is 1 September also, Mr Richardson?

PN12

MR RICHARDSON: Yes, that is correct. It would appear from having just heard the content of Mr McLean's correspondence that perhaps the first sentence or first paragraph is addressed to the other matter that has yet to be heard which is 2004/4876.

PN13

THE DEPUTY PRESIDENT: Yes, I might just read the - you have not got a copy of the correspondence?

PN14

MR RICHARDSON: No, I don't, your Honour.

PN15

THE DEPUTY PRESIDENT: I might just read the correspondence onto the record and in that way you get to hear the full document, Mr Richardson. It simply lists the matters and goes on to say:

PN16

In referral to the above listed matters scheduled for hearing at 10 am Monday, 23 August 2004 the position of Integrated Workforce, a division of the Integrated Group Limited with respect to each of these matters follows. C2004/4876 APS Group Industrial Pty Ltd and others roping in to Storage Services - General - Award 1999. Integrated Workforce consents to the roping in but retains its rights with respect to further discussions with the unions in relation to the applicable date of commencement. C2004/4875, Integrated Workforce roping in to Storage Services Materials Handling Award 2002. Integrated Workforce consents to the roping in with the applicable start date commencing first pay period on or after 1 September 2004.

PN17

The letter then provides some contact details and is signed by Stuart McLean, Group Employee Relations Manager.

PN18

MR RICHARDSON: Yes, your Honour, it would be our submission that the correspondence that you have just read onto the record is consistent with the submissions I have just made in this matter. That is that the company consents to being bound by means of roping in award to the Materials Handling Award with the prospective date of first full pay period on or after 1 September.

PN19

THE DEPUTY PRESIDENT: Yes, it is not entirely clear what they mean by applicable date with respect to the Storage Services Award, Mr Richardson. It simply says:

PN20

Retain rights in respect of further discussions with the union in relation to the applicable date of commencement.

PN21

I am not quite sure, given their absence here and given their indication of consent, that retaining rights in respect of applicable dates, what that even means in the circumstances but - - -

PN22

MR RICHARDSON: I think that perhaps the letter is not structured as clearly as one might like but as I understand what Mr McLean is saying there, based on discussions that I have had with him, that the reserving of rights that he refers to in respect of the applicable date is in respect of that application by the union in 2004/4876, that is the next matter before you.

PN23

THE DEPUTY PRESIDENT: Right.

PN24

MR RICHARDSON: And that in relation to the present matter the consent is only qualified by the date being prospective at 1 September.

PN25

THE DEPUTY PRESIDENT: Yes.

PN26

MR RICHARDSON: But perhaps if there is some question in the Commission's mind I could undertake to - I would press for the making of the award, but would undertake, if need be, to have Mr McLean confirm the actual content of the exhibit as tendered.

PN27

THE DEPUTY PRESIDENT: Well I don't know that that is necessary in the circumstances, Mr Richardson. I am satisfied that the employer has been properly notified. The employer was aware of the content of the draft, having been provided with the draft, the draft clearly states the date from which the award will operate. There has been adequate opportunity for the employer to respond to that set of circumstances. In my view there is no obstacle to the making of the award.

PN28

MR RICHARDSON: If the Commission pleases.

PN29

THE DEPUTY PRESIDENT: So did you wish to go on with the other one, Mr - - -

PN30

MR RICHARDSON: No, because I think the parties that are in the Court room at the moment have an interest in that matter and it is best dealt with separately.

PN31

THE DEPUTY PRESIDENT: That is to the roping in to the Storage Services Materials Handling Award, is that - - -

PN32

MR RICHARDSON: No.

PN33

THE DEPUTY PRESIDENT: Sorry.

PN34

MR RICHARDSON: In respect of the Materials Handling, we seek the making of the award as tendered.

PN35

THE DEPUTY PRESIDENT: Yes, okay, so there are two.

PN36

MR RICHARDSON: Yes. The union is seeking two roping in awards in respect of Integrated in respect of two awards, namely the Materials Handling and the Storage Services.

PN37

THE DEPUTY PRESIDENT: Yes, but I don't have a draft for the Storage Services Award. I have got two for the Materials Handling Award.

PN38

MR RICHARDSON: No, your Honour, because the union had assumed that that was part of the next matter, 2004/4876.

PN39

THE DEPUTY PRESIDENT: Oh I see, I am sorry, yes, okay, I understand now, I am sorry.

PN40

MR RICHARDSON: If the Commission pleases.

PN41

THE DEPUTY PRESIDENT: Yes, the award as I have already indicated, will be made. The award will be in the form of the draft provided by the union and marked as NUW1. The award shall be known as the Storage Services Materials Handling Roping In Number 1 Award and I will check that number just to make sure it is correct.

PN42

MR RICHARDSON: I am fairly confident on that one.

PN43

THE DEPUTY PRESIDENT: Yes, all right, 2004. The parties bound will be the National Union of Workers on the one hand and Integrated Workforce Pty Ltd of 44A Kings Park Road, West Perth, Western Australia in respect of their employees within the State of Victoria who are eligible to be members of the union. The award will operate from the beginning of the first full pay period to commence on or after 1 September and remain in force for a period of six months. The matter is adjourned.

ADJOURNED INDEFINITELY [10.33am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 DRAFT AWARD PN6