C2004/5734, Transcript of Proceedings [2004] AIRCTrans 3990 (15 October 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 11148

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/5734

SHOP, DISTRIBUTIVE AND ALLIED
EMPLOYEES ASSOCIATION

and

J & D RESTAURANTS PTY LTD t/as
PIZZA HUT

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

MELBOURNE

10.00 AM, WEDNESDAY, 6 OCTOBER 2004

PN1

MR J. RYAN: I appear for the Shop, Distributive and Allied Employees Association. I appear together with MR J. RAIMONDO.

PN2

MR S. CHAMPION: I appear as an agent for Yum Restaurants Australia Proprietary Limited. I seek leave to appear on their behalf. And I also represent a number of franchisees for whom Yum Restaurants Australia holds authorities to act including Inland Pizza Proprietary Limited.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. Do you have copies of the authorities available?

PN4

MR CHAMPION: We have number of authorities - - -

PN5

THE SENIOR DEPUTY PRESIDENT: Yes.

PN6

MR CHAMPION: - - - but as you will hear shortly there was an issue over what is a correct list of people who will be subject to these proceedings. So - - -

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. Well, we won't bother at this point. Is there any objection to leave for Mr Champion?

PN8

MR RYAN: Not at all.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes. Leave is granted, Mr Champion. Yes, Mr Ryan?

PN10

MR RYAN: Your Honour, we seek that the matter be adjourned. The association has served a letter of demand and log of claims on a number of the Pizza Hut franchisees and this is part of a general approach of trying to create a dispute finding which would then lead to them being roped in to the Pizza Hut National Award. It has become apparent that some of the franchisees who should have been logged haven't been logged - they were actually expecting to be logged - and on that basis we need to revisit this issue with the company.

PN11

So by consent of the parties we would seek that the matter be adjourned and once we fix up all of the paperwork issues we would ask that the matter be re-listed so if it is adjourned sine die - - -

PN12

THE SENIOR DEPUTY PRESIDENT: Yes.

PN13

MR RYAN: - - - with the ability of the applicant to have the matter re-listed and when it is re-listed I can - - -

PN14

THE SENIOR DEPUTY PRESIDENT: Present - - -

PN15

MR RYAN: - - - advise the Commission that it will be a consent dispute finding.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes. Is that going to involve a new separate log and therefore separate dispute finding?

PN17

MR RYAN: No. It would probably be - what it would do is that we will simply expand the dispute finding. Well, it will be one dispute finding but it will be based upon logs served - - -

PN18

THE SENIOR DEPUTY PRESIDENT: The two logs.

PN19

MR RYAN: - - - at this point of time and the logs that we have already served and logs that we will now serve.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes.

PN21

MR RYAN: But it is all part of one concerted - - -

PN22

THE SENIOR DEPUTY PRESIDENT: Yes.

PN23

MR RYAN: - - - campaign and action by the association. So it would be - from our perspective it would be one dispute.

PN24

THE SENIOR DEPUTY PRESIDENT: Very well. Thank you for that. Mr Champion, I take it you consent to the adjournment?

PN25

MR CHAMPION: Yes, we do, your Honour.

PN26

THE SENIOR DEPUTY PRESIDENT: Very well. Well, I will adjourn the dispute finding.

ADJOURNED INDEFINITELY [10.05am]