C2004/5641, Transcript of Proceedings [2004] AIRCTrans 4678 (2 December 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
PO Box A2405 SYDNEY SOUTH NSW 1235
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 15126

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DRAKE

C2004/5641

AUSTRALIAN LIQUOR, HOSPITALITY AND
MISCELLANEOUS WORKERS UNION

and

KIDS CAMPUS AND OTHERS

Notification pursuant to section 99 of the Act
of an industrial dispute re log of claims

SYDNEY

9.30 AM, FRIDAY, 22 OCTOBER 2004

THIS HEARING WAS CONDUCTED BY VIDEO CONFERENCE IN SYDNEY

PN1

MS D. ILLIAS: I appear for the LHMU.

PN2

MR V. MOLONEY: I am from Living Standards Australia for five respondents: Kyneton Children Services trading as Bright Future, Greenvale Children Services trading as Camelot, Peppercorn Holdings Number 2 trading as Annestreet Childcare, Childcare Centres of Australia trading as Willy Kids Childcare and Childcare Centres of Australia trading as Barella Kindergarten and Childcare Centre.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes.

PN4

MS ILLIAS: The union served a log of claims and letter of demand on the employers on 6 August 2004. I would rely upon the statement as to service as to authority to act in support of a notification of the alleged industrial dispute which was filed with the Sydney Registry and signed by Ms Joanne Schofield, the Assistant National Secretary of the union. Arising out of that notification of dispute and upon receipt of the hearing notice, the union then notified the party with respect to the notification of a dispute hearing before the Commission today.

PN5

Your Honour, we wish to exclude Bendigo Early Learning Centre at 11 Simmons Street, Golden Square from the dispute finding. This formed part of a previous dispute finding a week ago before Senior Deputy President Hamberger. Your Honour, we say that the union has the appropriate rules coverage by which to cover the employees of these companies, that the service of the letter of demand and log of claims with the authority contained within the union's rules, we would say that the statement as to service filed by Ms Joanne Schofield from our national office certainly supports the fact that service has been effected with respect to the notification of dispute.

PN6

We rely upon section 492 with respect to Victorian disputes and we would ask that the Commission find a dispute within the meaning of the Act under section 101 between the LHMU and Kids Campus and Others in respect to the service of log of claims effected by the union. Thank you, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN8

MR MOLONEY: Your Honour, we have no objection to a dispute finding being made.

PN9

THE SENIOR DEPUTY PRESIDENT: Thank you. Ms Illias, is the revised draft that you sent me correct now?

PN10

MS ILLIAS: Yes, your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: It does not require the deletion of any employers?

PN12

MS ILLIAS: No, your Honour, but I do wish to raise prior to a roping in being made that we did receive a return to sender from one of the respondents which was Blackburn South Early Learning Centre. Your Honour, when we served the dispute finding on this employer, there was no return to sender. The address is identical which was served through the dispute. The front of the letter only pertains that they didn't claim it. It was unclaimed. That was the only notice of return to letter in respect to a roping in to this company.

PN13

THE SENIOR DEPUTY PRESIDENT: I will join them to the dispute. If as a result of non service they wish to be removed, I will hear them.

PN14

MS ILLIAS: Thank you, your Honour. Your Honour, in respect to a number of the centres that are included in the application for roping in, I believe that VECCI, Mr Phil Eberhard has faxed a letter to you in respect to the company that he represents, Child's Play Bendigo Proprietary Limited, 32 Sommerville Street, Bendigo, and which was served as Child's Play at the same address. Your Honour, we have amended the draft order to reflect the trading name as well as the actual name of the employer.

PN15

THE SENIOR DEPUTY PRESIDENT: Thank you. I will make the dispute finding as sought.

PN16

MS ILLIAS: Thank you.

PN17

THE SENIOR DEPUTY PRESIDENT: The Commission is adjourned.

ADJOURNED INDEFINITELY [9.36am]