C2004/6208, Transcript of Proceedings [2004] AIRCTrans 5014 (22 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 15699

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2004/6208

AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION

and

GREAT SOUTHERN FOODS AND OTHERS

Notification pursuant to section 99 of the Act
of an industrial dispute re log of claims -
wages and working conditions

SYDNEY

11.00 AM, MONDAY, 13 DECEMBER 2004

Continued from 2.11.04

THESE PROCEEDINGS WERE CONDUCTED BY VIDEO CONFERENCE IN SYDNEY

PN13

THE COMMISSIONER: Good morning. Could I have the appearances please, in Sydney.

PN14

MS D. COMBER: If it please the Commission, I appear for the Australian Manufacturing Workers Union.

PN15

THE COMMISSIONER: Thank you, Ms Comber, and in Adelaide.

PN16

MR R. ELSON: Good morning, Commissioner. I appear on behalf of Business SA representing Great Southern Food Group Pty Ltd.

PN17

THE COMMISSIONER: Thank you, Mr Elson. Ms Comber.

PN18

MS COMBER: On 2 November 2004, the Commission as it is presently constituted issued a section 101 finding of dispute between The Food Song Pty Ltd and Others v The AMWU. Today, in part settlement of this matter, the union is making an application for a Roping In award and with the Food Preservers Award, Roping In Award No. 2 of 2004 and the Food Preservers Superannuation Award No. 2 of 2004. Copies of the aforementioned awards will be on the bench's file. I have indicated to Mr Elson this morning that I've made some peripheral changes which I've only just discovered this morning.

PN19

THE COMMISSIONER: Just a moment. Mr Elson, would you be able to close the door there. There's a bit of background noise coming through.

PN20

MR ELSON: I was going to mention that, sir. Certainly.

PN21

THE COMMISSIONER: Thank you.

PN22

MR ELSON: Thank you, sir.

PN23

THE COMMISSIONER: That's better. Thank you. Ms Comber.

PN24

MS COMBER: Just in relation to the title of the dispute finding, we've renamed it The Food Song Pty Ltd and Others because Great Southern Foods wasn't actually found in dispute on 2 November and I've also made a change to the Superannuation Award. It was actually, the title of the award says Food Preserver Superannuation Award 2000. It was actually 1987 so I've made those peripheral changes and I'll hand that up for ease for Alana and I've indicated that to Mr Elson this morning. A statement of facts attesting to the service of the hearing details for today's matter was made by a responsible officer on 23 November 2004. I believe a copy of that's on the bench's file.

PN25

THE COMMISSIONER: Yes.

PN26

MS COMBER: We have spoken to Business SA as the representatives of Southern Food Group in regards to this application. To this extent, they've indicated their consent on behalf of their clients, however, we wish to indicate that we will not be pressing our claim at this stage in relation to roping them in to the Food Preservers Superannuation Award. On that basis and having satisfied the rules of the Commission, we would request that our application be granted in the terms sought. If it pleases the Commission, these are our submissions.

PN27

THE COMMISSIONER: Thank you, Ms Comber. Mr Elson.

PN28

MR ELSON: Commissioner, I'd like to confirm that Business SA has had discussions with the union on behalf of the Southern Food Group Pty Ltd. My friend from the union has agreed not to pursue the roping-in in relation to the Food Preservers Superannuation Award 1987. That change also raised by my friend this morning, however, that we would certainly consent to, continue to rope Southern Food Group into the Food Preservers Award, that that matter purely by consent but if I could ask an order of the Commission to be made available to Business SA at the earliest opportunity, that would be great.

PN29

THE COMMISSIONER: All right. Thank you, Mr Elson. These are applications to make two awards to be known as the Food Preservers Roping In Award No. 2 of 2004 and the Food Preservers Superannuation Roping In No. 2 Award of 2004. Having heard the parties, I'm satisfied that the requirements of the Act and the rules and regulations of the Commission have been complied with. The awards arise out of a finding of a dispute made by the Commission as currently constituted on 2 November 2004. The Commission will make the awards in the manner sought. Firstly, the first award will be known as the Food Preservers Roping In No. 2 Award 2004.

PN30

The parties to be bound shall be the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and The Food Song Pty Ltd of 68 Tennyson Road, Mortlake, New South Wales; Southern Food Group, Unit 8, 27 College Road, Kent Town, South Australia; and Sunvale, RC and VC Vale, Lot 584 Cardross, Victoria, 3496. The award shall come into force from the first full pay period to commence on or after today's date and will remain in force for a period of six months. The second award the Commission makes shall be known as the Food Preservers Superannuation Roping In No. 2 Award 2004.

PN31

The parties bound shall be the Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union and The Food Song Pty Ltd of 68 Tennyson Road, Mortlake, New South Wales and Sunvale, RC and VC Vale, Lot 584, Cardross, Victoria, 3496. This award shall come into force from the first pay period to commence on or after today's date and will remain in force for a period of six months. If there's nothing further, these proceedings shall stand adjourned. Thank you.

ADJOURNED INDEFINITELY [11.05am]