C2005/4621, Transcript of Proceedings [2005] AIRCTrans 2144 (17 October 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13123-1

SENIOR DEPUTY PRESIDENT HAMBERGER

C2005/4621

THEATRE MANAGERS’ ASSOCIATION
AND
AUSTRALIAN COUNTRY CINEMAS PTY LTD
s.99 - Notification of an industrial dispute - Log of claims
(C2005/4621)

SYDNEY

9.51AM, FRIDAY, 30 SEPTEMBER 2005

PN1

MR T WEIDNER: I appear for the TMA together with MR R CALLAGHAN, the secretary of the TMA and two officials of the TMA, MR R REYNOLDS and MR G ZANTIS.

PN2

MS S VASS: I appear for the Australian Country Cinemas P/L, Reading Entertainment Australia P/L, Reading Australia Leasing P/L.

PN3

THE SENIOR DEPUTY PRESIDENT: Okay. Thank you. Mr Wiedner.

PN4

MR WIEDNER: I have filed with the documents filed with the Commission, a copy went to Reading Cinemas together with those documents so I'd like to hand up a registered post receipt if I may, related to the documents in these matters and the notification of a dispute and also a notification of the hearing of the matter. I ask that to be filed with the documents.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes.

PN6

MR WIEDNER: Your Honour, as you are aware, there are a number of companies to which the TMA has served notification of a dispute with Reading Cinemas and in respect to also an application which has been filed in respect to the roping-in applications in respect to the Entertainment and Broadcasting Industry Cinema Theatre Managers Award. And I understand in an earlier conference before the hearing that the Reading advocate has indicated that there is no issue in respect to the TMA applications for Australian Country Cinemas P/L which is matter 2005/462 and the roping-in application of C2005/4636. And also there is no issue with respect to the TMA applications that relate to Reading Australia Leasing P/L, roping-in matter C2005/4637 and the dispute matter of finding an alleged dispute in respect to c2005/4631.

PN7

We do ask that in the finding of a dispute an order to be made to that effect and that the matter has been listed today in respect to the applications for the roping-in awards for those two organisations. The other matters which are also filed on your list today, there may be issues in respect to that from Reading Cinemas P/L, I'm not sure what the issues are. There hasn't been a deep conference in that respect but the advocate for the Reading Cinemas has indicated that there are issues in respect to the Reading Entertainment Australia P/L TMA applications in both the finding of a dispute and the roping-in award matter, and also indicated that the documents lodged in respect to Reading Cinemas roping-in application 4638 and finding a dispute matter 4632.

PN8

At this point, I would ask your Honour to note that all those companies as will be seen on the application are at the same address of 6 Bay Street, Port Melbourne. And that's where the documents already indicated to your Honour in the registered post document were served on the company in respect to the matters listed before you today. The submissions in support of the applications I have lodged with the documents as filed and also a copy of those submissions have been also sent with the filed documents to Reading Cinemas in respect to the matters I've just mentioned.

PN9

It's not my task at the moment to address your Honour in respect of those submissions as your Honour has probably read them and that may have been looked at in respect to any issue that may arise in respect to the other application.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you, I have read those submissions. Ms Vass.

PN11

MS VASS: Thank you, your Honour. My instructions are that the applications so far as they relate to Reading Entertainment Australia P/L and Reading Cinemas will be the subject of further submissions. At this point in time, I've been advised by the chief executive officer that neither one of those two entities is an
employer for the purposes of this exercise.

PN12

THE SENIOR DEPUTY PRESIDENT: Right.

PN13

MS VASS: If your Honour is minded to invite the parties to have a conference in relation to that matter, that would be my request. I think that for evidentiary purposes it may be necessary to obtain some affidavits from the relevant officers of the organisation to that effect and that can be undertaken, I suppose, at a later stage in the event that we don't agree to that particular - so that is the issue that we have.

PN14

THE SENIOR DEPUTY PRESIDENT: So what about the roping-in - I mean, with the other two applications, are you consenting to the roping-in award being made as well as the finding of dispute?

PN15

MS VASS: Well, your Honour, Mr Wiedner has pointed out in his submissions that Australian Country Cinemas, if I can abbreviate the names of the entities, Australian Country Cinemas P/L and Reading Australia Leasing P/L have certified agreements which expire in 2006.

PN16

THE SENIOR DEPUTY PRESIDENT: Right.

PN17

MS VASS: So far as we're aware, there really is very little that we can do to resist that exercise, your Honour.

PN18

THE SENIOR DEPUTY PRESIDENT: Right. Well, but that's - what's the answer to my question?

PN19

MS VASS: Well, your Honour - - -

PN20

THE SENIOR DEPUTY PRESIDENT: By implication, you're saying you're happy to consent.

PN21

MS VASS: Well, your Honour, I mean, I - - -

PN22

THE SENIOR DEPUTY PRESIDENT: You're not going to - - -

PN23

MS VASS: Have a fight.

PN24

THE SENIOR DEPUTY PRESIDENT: Because, I mean, I could - I mean, I don’t waste anyone's time.

PN25

MS VASS: That's right.

PN26

THE SENIOR DEPUTY PRESIDENT: You know, I mean, it's one thing to find a dispute. You know, I could send you away to have further discussions about the award but if you think that's probably not going to serve any purpose, then I don't want to waste everyone's time.

PN27

MS VASS: Your Honour, I don't want to have a finding of a dispute as such because I think that we could probably resolve this exercise by having a conference.

PN28

THE SENIOR DEPUTY PRESIDENT: Do you want a finding of dispute in relation to any of them?

PN29

MS VASS: Not really, your Honour.

PN30

THE SENIOR DEPUTY PRESIDENT: Right. Okay.

PN31

MS VASS: Because I think - - -

PN32

THE SENIOR DEPUTY PRESIDENT: So you're opposing the finding of a dispute for all the four applications.

PN33

MS VASS: Your Honour, I'll just go back. I'm sorry, maybe I didn't make myself clear. As far as my instructions are concerned, the Australian Country Cinemas P/L and Reading Australia Leasing P/L are the relevant employers for the purpose of this exercise. My instructions are that in the circumstances, we do consent to the roping-in of the award.

PN34

THE SENIOR DEPUTY PRESIDENT: You do consent to that.

PN35

MS VASS: Yes, your Honour.

PN36

THE SENIOR DEPUTY PRESIDENT: Okay.

PN37

MR WIEDNER: Your Honour - - -

PN38

THE SENIOR DEPUTY PRESIDENT: Well, I have to find a dispute first. Sorry. Okay. So let me just absolutely get this right. You are consenting to finding the dispute and the roping-in for Australian Country Cinemas P/L and Reading Australia Leasing P/L.

PN39

MS VASS: Yes, your Honour.

PN40

MR WIEDNER: There is a comment in reply I wish to make but I don't want to delay the proceedings as we have agreement in respect to matters. If your Honour will deal with those, I will make a closing comment.

PN41

THE SENIOR DEPUTY PRESIDENT: Okay. Well, I can indicate now that I will find - I will record the existence of an industrial dispute in relation to both Reading - both the Theatre Managers Association and both Reading Australia Leasing P/L and Australian Country Cinemas P/L. And I will be issuing orders in relation to the roping-in award applications in relation to both those two matters. Mr Wiedner, you wanted to add something? We can now call on the other matters.

PN42

MR WIEDNER: We're happy about that. If your Honour was to suspend the roping-in award. I'll leave my comments til that matter is dealt with.

PN43

THE SENIOR DEPUTY PRESIDENT: Okay.

PN44

MR WIEDNER: Those two matters are dealt with in respect to the roping-in awards for those two companies. I have no other comments at this stage.

PN45

THE SENIOR DEPUTY PRESIDENT: Well, I've just indicated that I am happy to rope them in.

PN46

MR WIEDNER: Well, that's - the roping-in applications, Australian Country Cinemas which is matter 4621 and - - -

PN47

THE SENIOR DEPUTY PRESIDENT: Yes.

PN48

MR WIEDNER: - - - and the other matter of - - -

PN49

THE SENIOR DEPUTY PRESIDENT: 4637.

PN50

MR WIEDNER: - - - 4637.

PN51

THE SENIOR DEPUTY PRESIDENT: I've just agreed.

PN52

MR WIEDNER: Sorry - - -

PN53

THE SENIOR DEPUTY PRESIDENT: I've just indicated I'm going to grant your application.

PN54

MR WIEDNER: Well, those two applications you have before you for an application in the finding of a dispute order of the making of a roping-in award.

PN55

THE SENIOR DEPUTY PRESIDENT: Yes. I've done it. Or I've indicated I'm going to do it today.

PN56

MR WIEDNER: All right.

PN57

THE SENIOR DEPUTY PRESIDENT: Yes. I'm granting your applications in relation to those matters.

PN58

MR WIEDNER: Okay. Well, now, perhaps the comment I would make on record - - -

PN59

THE SENIOR DEPUTY PRESIDENT: Right.

PN60

MR WIEDNER: - - - as I have mentioned to the advocate of the Cinema that she has indicated that the Reading Entertainment Australia P/L and the Proprietor of Reading Cinemas has not - her issue is in respect to those companies not having employees.

PN61

THE SENIOR DEPUTY PRESIDENT: We haven't called those matters on yet. What we might now do actually - call those matters. Okay. What we need to do now is actually call those matters on.

PN62

MR WIEDNER: Right.

PN63

THE SENIOR DEPUTY PRESIDENT: So if we could do that now.

PN64

MR WIEDNER: All right.

<ADJOURNED INDEFINITELY [10.04AM]