C2005/75, Transcript of Proceedings [2005] AIRCTrans 1004 (26 April 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11303-1

COMMISSIONER TOLLEY

C2005/75

TRANSPORT WORKERS' UNION OF AUSTRALIA
AND
MCKEYS DISTRIBUTION PTY LTD
s.99 - Notification of an industrial dispute - Log of claims
(C2005/75)

MELBOURNE

10.02AM, WEDNESDAY, 06 APRIL 2005

PN1

MR M BOWER: I appear for the Transport Workers' Union of Australia.

PN2

MR M TAMVAKOLOGOS: I seek leave to appear for McKey Distribution Pty Ltd.

PN3

THE COMMISSIONER: Yes, Mr Tamvakologos. Mr Bower?

PN4

MR BOWER: Commissioner, this is a section 99 in relation to a log of claims. On the Commission's file should be a copy of a statement of service, but I have an original here which indicates that on 15 March I sent by registered post a copy of our letter of demand and log of claims. Does the Commission wish to have the original on file?

PN5

THE COMMISSIONER: Yes please. I am presuming you have got a copy, sir?

PN6

MR TAMVAKOLOGOS: I do, Commissioner.

EXHIBIT #A1 LETTER OF DEMAND, LOG OF CLAIMS

PN7

MR BOWER: Thank you, Commissioner. Commissioner, there has been no correspondence in response to that letter of demand and log of claims from the company, although I have had discussions with Mr Nick Lemare of Blakes who is acting for the company in Brisbane, and I believe my friend will be making some submissions in relation to the company's response to that. Before that I might also indicate that should the Commission be minded to find a dispute in this matter, the union would be asking the in part settlement pursuant to section 111(1)(b), the Commission issue a draft or a roping-in award and I have a draft of our roping-in award here also Commissioner.

PN8

THE COMMISSIONER: Did you get a copy for your opponent?

PN9

MR BOWER: Yes I do Commissioner.

EXHIBIT #A2 DRAFT OF ROPING-IN AWARD

PN10

THE COMMISSIONER: I presume you haven't seen that before, sir?

PN11

MR TAMVAKOLOGOS: I have seen that, Commissioner.

PN12

THE COMMISSIONER: You have seen it, have you? Thank you. You won't need some time to read it then?

PN13

MR BOWER: An electronic copy was supplied to chambers this morning Commissioner.

PN14

THE COMMISSIONER: Thank you.

PN15

MR BOWER: Those are the submissions of the union.

PN16

THE COMMISSIONER: Thank you.

PN17

MR TAMVAKOLOGOS: Thank you, Commissioner. Firstly we acknowledge receipt of the letter of demand and the log of claims of 15 March 2004. The position of McKey Distribution is that it rejects that log of claims but it has no submissions to make in respect of the finding of a dispute. So there is no consent but there are no submissions in that regard.

PN18

THE COMMISSIONER: Okay. Well, given that the application is probably made ..... receipt of the notification of hearing and of the log, it has been acknowledge by the respondent and no submissions are made in opposition to the log, except to say it is not consented to, the Commission has no option other than to find that the Transport Workers' Union of Australia and McKey Distribution Pty Ltd in c2005/75, that award to be known as the Transport Workers'
(FJ Walkers Foods) Award 2003 shall be binding upon or between, the Transport Workers' Union and McKey Distribution Pty Ltd, of 26 Connection Road, Coominya, Queensland, 4311 (trading as Mc Key Distribution). The award will come into force from today's date - I am sorry, from the first pay period commencing on or after today's date which is 6 April 2005, and it is to remain in force for a period of six months. There is nothing else for the Commission to do in this matter as far as I am concerned. Mr Bower?

PN19

MR BOWER: No. Thank you, Commissioner.

PN20

THE COMMISSIONER: Thanks, gentlemen, Commission is adjourned.

<ADJOURNED INDEFINITELY [10.07AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 LETTER OF DEMAND, LOG OF CLAIMS PN6
EXHIBIT #A2 DRAFT OF ROPING-IN AWARD PN9