C2005/1969, Transcript of Proceedings [2005] AIRCTrans 1086 (6 May 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11430-1

COMMISSIONER CRIBB

C2005/1969

APPLICATION BY AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION
s.111(1)(b) - Application for an award or order
(C2005/1969)

MELBOURNE

11.45AM, THURSDAY, 28 APRIL 2005

PN1

THE COMMISSIONER: Before I take appearances I just need to apologise to the parties for the delay in starting today. I shall take appearances, thank you.

PN2

MS W STRACKE: I appear on behalf of the Australian Services Union.

PN3

THE COMMISSIONER: Thank you, Ms Stracke.

PN4

MR G JOHN: I seek leave to appear on behalf of the Gay Men's Health Centre.

PN5

THE COMMISSIONER: Thank you, Mr John. Ms Stracke, is there any objection to Mr John seeking leave to appear?

PN6

MS STRACKE: No objection at all on this occasion.

PN7

THE COMMISSIONER: On this occasion. Thank you, Ms Stracke. Leave is granted, Mr John. Ms Stracke?

PN8

MS STRACKE: If the Commission pleases, this is an application pursuant to section 111(1)(b) of the Act for a roping-in award. We are seeking to rope the Gay Men's Health Centre into the provisions of the Social and Community Services Victoria 2000 Award. If the Commission pleases I hand up a copy of the record of finding of a dispute with that organisation and the union made by yourself on 5 April together with an amended list of employers which was contained in schedule A of the original finding and I also hand up a copy of the proposed order and you will find that the Gay Men's Health Centre is listed on the second page of the amended list, fifth from the top.

PN9

I advise that notification of the date of the hearing of this application was served on all of the parties by way of registered mail. That includes the common rule award parties. The union submits that this is an appropriate award for these employees and that this award has been simplified under the provisions of the Workplace Relations Act. Gay Men's Health Centre has previously indicated that it consents to this application and I therefore request that the Commission make an order along the lines submitted, to come into force from today. If the Commission pleases.

PN10

THE COMMISSIONER: Thank you, Ms Stracke.

PN11

MS STRACKE: Thank you.

EXHIBIT #A1 DRAFT ORDER

PN12

THE COMMISSIONER: Mr John?

PN13

MR JOHN: If the Commission please. We have cited the draft order which the union has prepared. We have no objection to the Gay Men's Health Centre being listed as a respondent to the Social Community Services Victoria Award. There are, however, a couple of things that I would like to place on the record just to set the background - - -

PN14

THE COMMISSIONER: Yes.

PN15

MR JOHN: There are two organisations in the field, both of them separate legal entities, both with separate Australian Business Numbers. The Gay Men's Health Centre Incorporated, located at 6 Claremont Street, South Yarra, and the Victorian AIDS Council Incorporated, located at the same address. The Victorian AIDS Council has been a respondent to the Social and Community Services Victoria Award for some considerable time. The question of whether or not the Victorian AIDS Council has in fact been an employer is a question which has some doubt about it. The majority of the employees of the organisation have in fact been employed by the Gay Men's Health Centre. Certainly those employees who have come within the scope of the award. Both organisations have been engaged with the ASU in discussions which may lead to the making of a certified agreement to cover both organisations, since about December last year, and we are, I think, almost towards the end of that process. And in fact during the course of those negotiations, in the first meeting, we raised the question of the employer status of both organisations. So that is why really we are here this morning, to clear that matter up. At the present time, both organisations operate under the same business letterhead, so it is possible that some employees of the organisations who are covered by the award would have received a letter of appointment on that dual letterhead and perhaps been confused about who was the actual employer.

PN16

We have never had any objection to being covered by the award so it is not really a significant problem and as I say, we hope that the negotiations on the certified agreement will in fact make it absolutely sure that we have a proper relationship. But I do have to say that in respect of this respondency, if at some time in the future the employer status of the Gay Men's Health Centre alters, we would reserve our rights to return to the Commission and make application for the respondency to be struck out. It is as simple as that. Thank you.

PN17

THE COMMISSIONER: Mr John, thank you very much. I appreciate your submissions this morning. They were extremely helpful. Thank you. Having heard the submissions of the parties, I am prepared to grant the union's application for an award. The award shall be in the terms of the draft order marked as exhibit A1 which has been consented to by the respondent here today, the employer here today. The date of operation of the award is from today's date which is Thursday 28 April 2005 and it shall remain in force for a period of six months. The Commission stands adjourned.

<ADJOURNED INDEFINITELY [11.51AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 DRAFT ORDER PN11