C2005/4331, Transcript of Proceedings [2005] AIRCTrans 2057 (5 October 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12911-1

COMMISSIONER CRIBB

C2005/4331

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION
AND
COMMUNITY FOCUS ASSOCIATION INC
s.99 - Notification of an industrial dispute - Log of claims
(C2005/4331)

MELBOURNE

10.25AM, WEDNESDAY, 21 SEPTEMBER 2005

PN1

MR B O'BRIEN: I appear for the Australian Services Union.

PN2

MR P AMOS: I appear on behalf of Great Mates Limited. I seek leave of the Commission to appear as an agent.

PN3

THE COMMISSIONER: Leave is granted. Mr O'Brien.

PN4

MR O'BRIEN: Commissioner, this is a dispute notification by the ASU pursuant to section 99 of the Workplace Relation Act. The dispute arises from the ASU serving a log of claims and a letter demand on 42 Western Australian organisations and two Queensland organisations. All these organisations are funded non-profit community based organisations. The log of claims was served in accordance with the rules of the ASU and was authorised by the national secretary, Paul Slate on 22 July 2005. If I may tender a copy of that authorisation.

PN5

On 28 July 2005 a letter of demand and log of claims was served by the ASU on all of the 44 employers which the national secretary had authorised to be served and the authorisation tendered in that first document that I tendered. To date, all of the 44 employers have failed to accede to the demands in the log. On
11 August 2005 the ASU notified a dispute with the Victorian Registry of the Commission and you would have that notification on file, Commissioner. On
22 August 2005 the Commission Registry sent out a notice of listing of the hearing of the dispute notified by the ASU.

PN6

The ASU notified all of the employers of the details of the hearing by registered post on 24 August 2005. If I may, I'll tender a declaration of service which provides details of the notification of today's hearing sent to the employers. It's a fairly standard declaration Commissioner, but I think I should point out that in the third and the fourth paragraph of the declaration, reference is made to three logs of claims and letters of demand which were returned due to incorrect addresses and they were re-sent to the correct addresses. Those references are in attachment C1 and C2 and D1 and D2.

PN7

The ASU submits that the employers served by the ASU with a log of claims and letters of demand respectively on 28 July, 17 August and 24 August as per the declaration of service and the attachments, all those employers rejected the claims. The Commission should find the existence of an industrial dispute pursuant to section 1 of the Workplace Relation Act. The dispute is between the ASU on the one hand and the employers served by the ASU with a log of claims by registered post as referred to in appendix B of the statutory declaration of service, or the declaration of service of Paul Slate dated 16 September 2005. There's some exceptions to that submission Commissioner and I will tender a document which sets out that - and that's the document that was handed up in conference. I'll formally tender that document.

EXHIBIT #A1 DECLARATION OF SERVICE

PN8

MR O'BRIEN: We've already discussed the amendments and what should be done with that and we would all have copies of those amendments before us so, say we accept those amendments, we would request that the dispute be found and I will send a copy of the exhibit A1 amended as we've discussed to you later this week.

PN9

THE COMMISSIONER: That would be appreciated. Mr Amos.

PN10

MR AMOS: Commissioner, my instructions are in accordance with the letter forwarded to the Commission on 2 September 2005. My instructions are to oppose the Commission making a dispute finding against my client, Great Mates Limited. Following discussions this morning with my colleague, Mr O'Brien, agreement has been reached that item 15 on exhibit A1 be reserved pending further discussions between the parties. Following those discussions I am confident that my colleague will remove my client from the list. I have nothing further to say, thank you.

PN11

THE COMMISSIONER: Thank you Mr Amos. The Commission, pursuant to section 101 of the Workplace Relation Act 1996, determines as follows:

PN12

1. That an industrial dispute within the meaning of the Act exists between the Australian Municipal, Administrative, Clerical and Services Union and the employers contained in the list that was marked as exhibit A1 with three exceptions. The first exception is Great Mates Limited, which is number 15. The second is the Perth City Mission, which is number 36 and the 40th, which is Street Side Emergency Youth Accommodation.

PN13

Those three organisations will be placed on a separate reserved list to allow for further discussions between those parties and the union. So, the dispute finding then prevails between the union and 41 organisations as contained on exhibit A1 with the additional matter with respect to number 17 that there is a change of name by consent between the parties and number 17 should read Jardamu Women's Group Aboriginal Corporation. Those employers as listed in exhibit A1 and those that are not reserved were employers that were identified in annexure B to the notification of dispute lodged by the union in the Victoria Registry on
11 August 2005.

PN14

2. That the matters in dispute are the items contained in the letter of demand and log of claims dated 28 July 2005 as posted on or about the same day by the union and attached to the above mentioned notification of dispute filed in the Victoria Registry.

PN15

3. That the dispute exists throughout the Commonwealth of Australia and its Territories.

PN16

On that basis this matter is now adjourned.

<ADJOURNED ACCORDINGLY [10.35AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 DECLARATION OF SERVICE PN7