C2005/4601, Transcript of Proceedings [2005] AIRCTrans 2339 (11 November 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13321-1

COMMISSIONER SMITH

C2005/4601

FINANCE SECTOR UNION OF AUSTRALIA
AND
GANGAJINNA INVESTMENTS PTY LTD BLUEBRIDGE INVESTMENTS PTY LTD
s.99 - Notification of an industrial dispute - Log of claims
(C2005/4601)

MELBOURNE

11.03AM, FRIDAY, 28 OCTOBER 2005

PN1

MS H LEWIS: I appear on behalf of the Finance Sector Union of Australia.

PN2

MS A MCLEOD: I am an article clerk at Deacons and I seek leave to appear on behalf of the respondents.

PN3

THE COMMISSIONER: Thank you. Any objection from the FSU?

PN4

MS LEWIS: No Commissioner.

PN5

THE COMMISSIONER: Leave is granted. The finding of a dispute, well.

PN6

MS LEWIS: Commissioner, the application arises from the service of a log of claims on Gangajinna Investments P/L and fourteen others, all of whom are agents - banking agents of the Bank of Queensland in that they run one or more branches of the bank as a franchise. On 15 September this year claims were made on those employers in Queensland, New South Wales, Victoria and the ACT as per the list at schedule A attached to the notification and each of whom was served with the letter of demand of claims. All of the employers we understand, are represented by Deacons, we were advised in writing that they act on behalf of each of the fifteen employers.

PN7

None of the employers acceded to the claims made in our letter of demand within the time specified and the FSU therefore seeks the assistance of the Commission in the settlement of this dispute. The log of claims relates to the wages and conditions of employment of existing and future employees within the industry in which the FSUA is registered. Attached to our application is the notification - attached to our notification of the dispute is a statement by our National Secretary, Paul Schroder, dated 13 October, confirming that the union caused on
15 September letters marked at Schedule A to be served on each of the employers by causing the said letter of demand of the claims to be posted to the employers at their respective addresses by pre-paid registered mail, from the post office at Edward Street in Melbourne.

PN8

That Schedules A, B and C are true copies of the Schedule of employers and their respective addresses, a letter of demand in the log of claims and the registered post mailing receipt and that the letter of demand and log of claims is served with the authority of the union's national executive. Also attached to the notice is a statement by ….. also dated 13 October, confirming her position in the union, and that on 15 October she caused a letter of demand to be sent by pre post registered mail. Following the lodgement of the notification of the dispute the FSU received the notice fixing the time, date and place of today's hearing and details were sent to each of the employers by registered post of today's hearing and also to Deacons as the legal representative of each of the employers.

PN9

As of this morning, none of the employers served with the letter of demand and log of claims have agreed to grant the wages and conditions pertaining to the log of claims. So Commissioner, the FSU seeks the finding that an industrial dispute exists between the FSU and the employers listed in Schedule A. The subject matter of the dispute being the wages and conditions of employees as contained in the log of claims in respect to existing and future employees whether members of the FSUA or not and any industry in respect of which the union is registered. If the Commission pleases.

PN10

THE COMMISSIONER: Thanks Ms Lewis. Ms McLeod?

PN11

MS MCLEOD: Commissioner, I confirm that I act for each of the list of respondents in the union's application. I'm instructed that each of the respondents, was served with the letter of demand and log of claims as stated by the union. I'm instructed that none of the respondents accedes to the union's demands. In those circumstances, I'm instructed to agree that an interstate industrial dispute does exist between the respondents and the union, but otherwise the respondents reserve all of their rights.

PN12

THE COMMISSIONER: Thank you Ms McLeod. Pursuant to section 101 of the Act I find there exists an industrial dispute between on the one hand the Finance Sector Union of Australia and on the other hand the employers set out in Schedule A of the notification. The subject matter of the industrial dispute is a log of claims, which is attached to a letter of demand, dated 15 September 2005. The dispute covers all matters contained in the log. I will reduce my finding to writing and forward copies to the parties. I will - yes Ms Lewis

PN13

MS LEWIS: I'll be patient. I was going to raise another matter in light of the dispute finding you've just made Commissioner.

PN14

THE COMMISSIONER: All right. You can do that now.

PN15

MS LEWIS: In light of the dispute finding that you've just made, we'd like to seek to rope them into, each of the employers into, the Bank of Queensland Agents Award by way of the Bank of Queensland Agents (Roping-in No. 2) Award 2005, a copy of which I'd like to hand up.

PN16

THE COMMISSIONER: Thank you. Do you have any objections to me considering that course of action Ms McLeod?

PN17

MS MCLEOD: Commissioner, we've considered the draft order and discussed it with the union and - - -

PN18

THE COMMISSIONER: That's all right, you haven't any objections to me doing it?

PN19

MS MCLEOD: No objections.

PN20

THE COMMISSIONER: That's all right, yes. Thank you.

EXHIBIT FSU1 BANK OF QUEENSLAND AGENTS (ROPING-IN NO 2) AWARD 2005

PN21

MS LEWIS: As I indicated earlier, each of these employers operate one or more branches of the Bank of Queensland under a franchise arrangement.

PN22

THE COMMISSIONER: Yes.

PN23

MS LEWIS: The employees of each of the employers can work with the employers ….. as agents of the Bank of Queensland, which is the same work covered by the Bank of Queensland Agents Award 2004. The employers have indicated, as Ms McLeod can no doubt confirm, that whilst they boast part settlement of the dispute, they will then become respondent to the Bank Agents Award. The FSU therefore seeks to have all of the employers listed in Schedule A to the dispute finding become respondent to the Bank of Queensland Agents Award 2004, as per the proposed draft order of FSU1. Would you like to hear the grounds of support of our application?

PN24

THE COMMISSIONER: No, that's all right.

PN25

MS LEWIS: I will take those as read. We therefore seek that the Roping In Award be issued and kept in today's date.

PN26

THE COMMISSIONER: Thank you. Now, Ms McLeod, what do you say about the application for a roping-in award.

PN27

MS MCLEOD: We'd just like to confirm Commissioner, that the actual respondents to the Bank of Queensland Agents (Roping-in No, 2) Award 2005, as you mentioned there.

PN28

THE COMMISSIONER: Yes.

PN29

MS MCLEOD: Apart from that, we've already discussed the draft order with the union and I'm instructed to consent to the order in that form.

PN30

THE COMMISSIONER: Thank you Ms McLeod. Arising from a dispute finding made earlier, the FSU now seek the making of an award to be known as the Bank of Queensland Agents (Roping -in No. 2) Award 2005. The award seeks to rope in the employers in Schedule A to whom the earlier dispute finding applied into the Bank of Queensland Agents Award 2004. That award has been simplified in accordance with the Commission's principles. The employers in Schedule A consent to the making of the award. I'm satisfied that the Award complies with the principles determined by the Commission and that it should be made. The Bank of Queensland Agents (Roping-in No. 2) Award 2005 will come into force from the first full pay period to commence on or after today and shall remain in force for a period of 12 months. Thank you, is there anything else?

PN31

MS LEWIS: No Commissioner.

PN32

MS MCLEOD: No Commissioner.

PN33

THE COMMISSIONER: Thank you. Very well, the decision will be published but I will require that the transcript be produced. The matter is adjourned.

<ADJOURNED INDEFINITELY [11.13AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT FSU1 BANK OF QUEENSLAND AGENTS (ROPING-IN NO 2) AWARD 2005 PN20