C2004/5926, Transcript of Proceedings [2004] AIRCTrans 4100 (22 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 8732

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

C2004/5926

NATIONAL UNION OF WORKERS

and

PEAK RECRUITMENT PTY LTD

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

MELBOURNE

10.02 AM, WEDNESDAY, 13 OCTOBER 2004

PN1

MS A. PARKES: I appear for the National Union of Workers.

PN2

THE DEPUTY PRESIDENT: Yes. Thanks, Ms Parkes. Go ahead.

PN3

MS PARKES: Thank you, your Honour. If the Commission pleases, the NUW is seeking a dispute finding today pursuant to section 101 of the Workplace Relations Act 1996 between the National Union of Workers on the one hand, and Peak Recruitment Pty Ltd on the other hand, located at 131 to 147 Walker Street, Dandenong, Victoria, 3175. If I could take your Honour to the background of the alleged dispute, your Honour should have on the file before you two affidavits sworn by mr Charles Donnelly, General Secretary of the union, the first affidavit being sworn on 28 September 2004 and attached to a notification of industrial dispute to the Commission.

PN4

THE DEPUTY PRESIDENT: Yes, I have that.

PN5

MS PARKES: And, your Honour, we submit that that attests to the service of the letter of demand and log of claims on the employer on 21 September 2004. Does your Honour seek to mark that?

PN6

THE DEPUTY PRESIDENT: Yes, I probably should do.

EXHIBIT #NUW1 DOCUMENT

PN7

MS PARKES: Your Honour, in addition to Exhibit NUW1 there should be a second affidavit on the file, sworn on 1 October 2004, also by Mr Charles Donnelly, General Secretary of the union, attesting to the service of the notice of listing of this matter, and also the records, the information sheet for employers in accordance with form R5.

EXHIBIT #NUW2 DOCUMENT

PN8

MS PARKES: Thank you, your Honour. Your Honour, the NUW submits that there is a dispute in existence between itself and Peak Recruitment Pty Ltd, with the employer employing persons who are eligible to be members of the National Union of Workers. We would further submit, your Honour, that the matters that are in dispute can be found in the letter of demand and log of claims found in Exhibit NUW1, and we advise the Commission that since the date that that was served on the employer we have received no response at all, and no communications from the employer in relation to that. Further, we have had no communications from the employer in relation to the service of the notice of listing.

PN9

THE DEPUTY PRESIDENT: Yes. I will note further for the record that neither is the Commission in receipt of any documentation from the employer, either consenting to or opposing the finding of a dispute.

PN10

MS PARKES: Your Honour, if I could just hand up a document. I have asserted that the employer employs persons that are eligible to be members of the National Union of Workers, and if I could just hand up a document supporting that in the absence of the employer.

PN11

THE DEPUTY PRESIDENT: Yes.

PN12

MS PARKES: Does your Honour seek to mark that?

PN13

THE DEPUTY PRESIDENT: I think we probably should.

EXHIBIT #NUW3 DOCUMENT

PN14

MS PARKES: The employer is a labour hire company, your Honour, and employs persons in a range of areas, but specifically it does employ persons in the storage and distribution industry. NUW3, we would indicate there is reference there to warehouse. There is also reference there to forklift operators, and also to manufacturing, all of which we would say would fall within the NUWs federally registered rules, and certainly at least in relation to rule 5(b), which pertains to the storing and packing of goods. We would also note the background to this matter is that the company in question attempted to make a section 170LK agreement, and that certification was refused by SDP Acton.

PN15

But we would say that the document before you, which was sent to employees, clearly includes reference to employees who would be forklift operators, production warehouse manufacturing, and we would say that that certainly fulls within the NUWs rules.

PN16

THE DEPUTY PRESIDENT: Yes. I have had a couple of occasions to become familiar with the NUWs rules.

PN17

MS PARKES: I know your Honour has, and that is why I haven't laboured the point and taken your Honour in great detail to the particular rules. I am well aware your Honour is familiar with them. We would further submit, your Honour, that the dispute is within the State of Victoria. So in conclusion, your Honour, we seek a finding of a dispute between the union and Peak Recruitment Pty Ltd pursuant to section 101 of the Act, and secondly, seek a direction that the parties confer in relation to part settlement of the dispute, if the Commission pleases.

PN18

THE DEPUTY PRESIDENT: Yes. Thanks, Ms Parkes. Ms Parkes, I think that a dispute can be found, however I have got concerns with a couple of items in the log. It might be appropriate if we just go off the record briefly, just to discuss what course of action we might take in respect of those, if you have got no objection.

PN19

MS PARKES: Certainly, your Honour.

PN20

THE DEPUTY PRESIDENT: Yes.

NO FURTHER PROCEEDINGS RECORDED

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NUW1 DOCUMENT PN7
EXHIBIT #NUW2 DOCUMENT PN8
EXHIBIT #NUW3 DOCUMENT PN14