C2004/5839, Transcript of Proceedings [2004] AIRCTrans 4205 (29 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 8857

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LEWIN

C2004/5839

TRANSPORT WORKERS' UNION
OF AUSTRALIA

and

ACTION JAMES PTY LTD

Notification pursuant to section 99 of the
Act of an industrial dispute re wages and
conditions of employment

MELBOURNE

11.07 AM, WEDNESDAY, 20 OCTOBER 2004

Continued from 18.10.04

THESE PROCEEDINGS WERE CONDUCTED BY VIDEOLINK
AND RECORDED IN MELBOURNE

PN407

THE COMMISSIONER: Good morning. Are there any changes in the appearances please?

PN408

MR G. UPHILL: I appear on behalf of Tyremaster Pty Ltd, and with me MR C. HUGHES.

PN409

THE COMMISSIONER: Thank you, Mr Uphill. Yes. Now, this matter was adjourned to enable the company to consider the log of claims, and in particular determine whether or not it would accede to the log of claims. Has that been possible?

PN410

MR UPHILL: Commission, what has happened is that I understand the union faxed through to the company on Monday the log of claims. I only received instructions to represent this company yesterday afternoon, so I have not had a chance to discuss with Mr Hughes all of the things that needed to be discussed. Certainly I can talk to him about the question of his position to the roping-in and provide you with a response fairly promptly. But as I say, I haven't had a chance to do that in the time available.

PN411

THE COMMISSIONER: Have you discussed with him the subject of the dispute finding?

PN412

MR UPHILL: Very briefly, and I have yesterday afternoon done a search of the ASIC records to see what actually occurred. There is nothing in that that I can realistically put to you in terms of revoking the original dispute finding.

PN413

THE COMMISSIONER: Well, I haven't made a finding in relation to Tyremaster. Is that - I did. I beg your pardon.

PN414

MR UPHILL: I think you did. Yes, I think you did.

PN415

THE COMMISSIONER: Yes. I see. I beg your pardon. Yes. The question is whether or not he wants to oppose the roping-in award now.

PN416

MR UPHILL: That is correct. Yes, Commissioner.

PN417

THE COMMISSIONER: I beg your pardon. And so he is considering that position, is he?

PN418

MR UPHILL: He is, and what I would envisage doing, Commissioner, is talking to Mr Hughes about his current situation, which is that he is obliged to comply with the State Transport Workers Award. I need to go through with him the differences between the State and the Federal Award.

PN419

THE COMMISSIONER: Yes.

PN420

MR UPHILL: And also what his options are, so that he can make an informed decision as to what he wants to do.

PN421

THE COMMISSIONER: All right. So you need some time for that purpose.

PN422

MR UPHILL: Yes, Commissioner.

PN423

THE COMMISSIONER: How long would he like?

PN424

MR UPHILL: Two weeks would be good, if we could have that time, Commissioner.

PN425

THE COMMISSIONER: Very well. Ms Ryall?

PN426

MS RYALL: Commissioner, we are appearing here today only to seek the making of the roping-in order that was applied for on Monday. We have got no problem with there being some time for Mr Hughes to get some advice.

PN427

THE COMMISSIONER: And are you happy to consent to an adjournment of two weeks?

PN428

MS RYALL: I think that is a little bit long, but I guess that is for the Commission to decide.

PN429

THE COMMISSIONER: Well, what would your position be then?

PN430

MS RYALL: I would seek to have it back on in a week.

PN431

THE COMMISSIONER: Very well. Mr Uphill, there is something to be said for the proposition that a week should be sufficient in the circumstances.

PN432

MR UPHILL: Commissioner, I am not going to argue about the difference of one week. I think we can press ahead and - - -

PN433

THE COMMISSIONER: All right.

PN434

MR UPHILL: - - - perhaps provide you with a written response within a week.

PN435

THE COMMISSIONER: Well, what I propose to do is to actually re-list it as well. I think I will re-list it for 2.15 Melbourne time on the 27th, subject to the videolink being available. My Associate reminds me that the videolink is heavily booked at the moment, but assume that that is the case and that you will receive a notice of listing accordingly. But it may need to be changed if we cannot obtain the videolink for that time. Now, at that hearing, at 2.15, if you propose to oppose the roping-in I wouldn't plan to make the order at that stage.

PN436

I would give you a further period of time for the purpose of dealing with any submission made in opposition, but you should assume that that would be in the following week. Some time in the week beginning the 1st.

PN437

MR UPHILL: Very well.

PN438

THE COMMISSIONER: So that in other words, if there is no opposition to the roping-in then I would decide whether or not an order should be made, and one would assume that it would be made, in the circumstances. If there is opposition I would permit the union to make an outline and I give you an opportunity to have something final to say in the following week. But I would like the opposition to be outlined in writing on that day, on the 27th, and then you will hear what the union has to say in response to that, either then, or depending upon the length of it because I have another matter at 2.30, some time in the following week. Probably the 3rd. Ms Ryall?

PN439

MR UPHILL: So - - -

PN440

MS RYALL: Commissioner, just to let you know I will be on leave that week. I am not sure if anyone else - - -

PN441

THE COMMISSIONER: That is the week of the 1st?

PN442

MS RYALL: Yes, that is right. The week of the Melbourne Cup.

PN443

THE COMMISSIONER: Yes.

PN444

MS RYALL: So I am not sure if anyone else from our office will be able to attend, but if possible we would look to - - -

PN445

THE COMMISSIONER: Well, could you let me know?

PN446

MS RYALL: Yes. Sure.

PN447

THE COMMISSIONER: And we will make a tentative arrangement that subject to the ability of the union to be effectively represented we will hear this on the 3rd as well, if there is opposition. But do you understand, Mr Uphill, that I want you to actually outline what the opposition is by the 27th?

PN448

MR UPHILL: Yes, I was just going to clarify that. I thought that was what you were intending. I am happy to provide an outline on that day.

PN449

THE COMMISSIONER: Very well, and then we will have another hearing at another time.

PN450

MR UPHILL: Very well.

PN451

THE COMMISSIONER: All right? Thank you. I will adjourn this matter until next week. Thank you.

ADJOURNED UNTIL WEDNESDAY, 27 OCTOBER 2004 [11.15am]