C2004/5588, Transcript of Proceedings [2004] AIRCTrans 3612 (13 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 8369

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2004/5588

BROADWAY AND FRAME PREMIX
CONCRETE PTY LIMITED

and

TRANSPORT WORKERS UNION OF AUSTRALIA

Notification pursuant to section 99 of the Act
of an industrial dispute re exemption under
section 9 of the Transport Workers (Superannuation)
Consolidated Award 2004

MELBOURNE

11.58 AM, THURSDAY, 2 SEPTEMBER 2004

PN1

MS R. HART: I seek leave to appear on behalf of Broadway and Frame Premix Concrete Pty Limited.

PN2

MS H. RYALL: I appear on behalf of the TWU in this matter.

PN3

THE COMMISSIONER: You have no objection to Ms Hart appearing as well?

PN4

MS RYALL: Sorry?

PN5

THE COMMISSIONER: You have no objection to Ms Hart appearing?

PN6

MS RYALL: No, I do not.

PN7

THE COMMISSIONER: Leave is granted, Ms Hart. Yes, Ms Hart?

PN8

MS HART: Sir, this is an application made under section 9 of the Transport Workers Superannuation Consolidated Award 2004 for an exemption from the requirement to make contributions to the TWU superannuation fund. Broadway and Frame currently make superannuation contributions on behalf of its drivers into another complying fund. The fund is commonly referred to as Rinker Super and is part of the Harwood Superannuation Fund.

PN9

THE COMMISSIONER: Ms Hart, you will have to spell out the name of the other complying fund for the recorder's benefit.

PN10

MS HART: The name of the other complying fund, the Transport Workers Union Superannuation Fund.

PN11

THE COMMISSIONER: Yes, and what is the alternate fund?

PN12

MS HART: The name of our fund?

PN13

THE COMMISSIONER: Yes.

PN14

MS HART: Rinker Super.

PN15

THE COMMISSIONER: Spell that out please?

PN16

MS HART: Rinker - sorry, R-i-n-k-e-r.

PN17

THE COMMISSIONER: Thank you.

PN18

MS HART: We also wish to draw the Commission's attention to the fact that Readymix Group is already listed as an exempt employer under schedule B of the award and Broadway and Frame is a wholly owned subsidiary of Readymix Holdings Pty Limited. So as such Broadway and Frame arguably falls within this existing exemption. However, we press the application for the sake of clarity and to remove any ambiguity with the reference to Broadway and Frame now in the schedule A of the award.

PN19

THE COMMISSIONER: Yes.

PN20

MS HART: So we rely on the material before you confirming the consent of the Transport Workers Union to this application. In particular we refer to the letter from Fisher Cartwright Berryman to the TWU and signed by Julie Tisdale of the TWU on 20 August 2004. Accordingly we seek orders to insert Broadway and Frame Premix Concrete Pty Limited into schedule B of the award that contains a list of exempt employers and with the consent of my friend I seek to tender draft orders to that effect.

PN21

THE COMMISSIONER: Thank you. A1.

EXHIBIT #A1 APPLICANT'S DRAFT ORDERS

PN22

MS HART: Unless the Commission requires anything further those are my submissions.

PN23

THE COMMISSIONER: Not at this stage, Ms Hart, thank you.

PN24

MS HART: All right, if the Commission pleases.

PN25

THE COMMISSIONER: Ms Ryall?

PN26

MS RYALL: If the Commission pleases, we have had the opportunity to review the draft order and consistent with Ms Tisdale's confirmation of consent to Broadway and Frame's application. We do not oppose the application now.

PN27

THE COMMISSIONER: Thank you. Just before you sit down, Ms Ryall, I am presuming there has been discussion with your members affected by this application?

PN28

MS RYALL: I am not aware of any discussion or whether it has or has not actually occurred.

PN29

THE COMMISSIONER: Well, who was involved in the discussions?

PN30

MS RYALL: If there was any discussion that took place it would have been Ms Tisdale.

PN31

THE COMMISSIONER: Yes, thank you. Ms Hart, are you aware of any discussions between the employees about this matter?

PN32

MS HART: No sir, I am not aware.

PN33

THE COMMISSIONER: Have no instructions.

PN34

MS HART: I have no instructions on that issue although they are aware that contributions are currently made under the - to the Rinker Superannuation Fund.

PN35

THE COMMISSIONER: Yes, thank you. Actually that answers my question.

PN36

MS HART: All right.

PN37

THE COMMISSIONER: They know where the money is going.

PN38

MS HART: Yes, sir that is correct.

PN39

THE COMMISSIONER: Well, this matter comes before the Commission pursuant to section 99 of the Workplace Relations Act. It is a section 99 that is used as a method of parties reaching agreement about a national matter which needs clarification which does not affect or remove any rights or values from the employees concerned. Accordingly the draft order before the Commission which seeks to remove Broadway and Frame Premix Concrete Pty Limited from the A list of the exempt employees and insert them into Schedule B the employers exempt from the award and the Transport Workers Superannuation Consolidated Award 2004 is agreed to.

PN40

The order will come into effect from the first pay period which commences on or after 28 July 2004. Now, I agree to that only because it is a cut-off date for superannuation in most cases. And it shall remain in force for a period of six months. Normally the Commission would issue matters from the day in which they were heard. Thank you ladies.

ADJOURNED INDEFINITELY [12.02pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 APPLICANT'S DRAFT ORDERS PN22