C2005/1653, Transcript of Proceedings [2005] AIRCTrans 280 (7 February 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 10201

SENIOR DEPUTY PRESIDENT LLOYD

C2005/1653

s.99 - notification of an industrial dispute

National Union of Workers
and
Tasmanian Freight Services Pty Ltd
(C2005/1653)
Storage Services - General - Award 1999

MELBOURNE

10.04AM, TUESDAY, 25 JANUARY 2005

PN1
PN2

MS M FOX: I appear for the National Union of Workers and with me are National Union of Workers' organisers MS J PERDU and MR M MEIR.

PN3

MR P HINE: I appear for Tasmanian Freight Services and with me is MR B THOMPSON, operations manager.

PN4

THE SENIOR DEPUTY PRESIDENT: Ms Fox, do you want to put something on record first, before we adjourn into conference?

PN5

MS FOX: That would be my preference, your Honour

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, certainly.

PN7

MS FOX: Thank you. Your Honour, in this matter the National Union of Workers brings to the attention of the Commission a dispute between itself, on behalf of its members, and the respondent company in this case that centres around two central points. Both of these points of concern were discovered at a time when the two officials who are in attendance here today began a campaign to organise store workers at the Tasmanian Freight site in Laverton. The matter goes back, or rather the organising campaign goes back as far as June 2004 when Ms Perdu first visited the site and signed up several of the employees engaged as store persons. Ms Perdu's most recent visit was the occasion on which she was visited with some concerns. Mr Perdu visited the site most recently on 13 January 2005. Ms Perdu has instructed that, on attending the site with Mr Meir, she entered the lunch room and was in the process of speaking to an individual employee who had expressed interest in joining the union.

PN8

Ms Perdu was in the process of taking that individual employee through the membership application card and was explaining the manner in which it needed to be completed. At that stage, both organisers, but in particular Ms Perdu, were approached by manager, Mr Brian Thompson, and another manager at Tasmanian Freight. Ms Perdu instructs that Mr Thompson aggressively approached her and the employee to whom she was speaking and said words to the effect to that employee of, if you sign that card you will be sacked. Both Ms Perdu and
Mr Meir are able to give evidence formally to this point, should that become necessary, your Honour.

PN9

The second point of concern was also raised on the day of Ms Perdu and
Mr Meir's last visit. That centred around the issue of an alleged underpayment, and discussions that took place between the two NUW organisers and the employees, prior to the encounter with Mr Thompson, it was discovered by Ms Perdu that the employees, rather, some of the employees, were not being paid in accordance with, what we would assert is the relevant award. That is the Storage Services General Award 1999. It would appear that some casual staff were being paid at below what would be the minimum hourly rate, your Honour. At this stage, my understanding, your Honour, is that respondency to the Storage Services General Award would be by virtue of the recent Victorian common rule declaration. Unless the Commission has, or rather, your Honour has, any further questions or any questions, I am happy to leave it there at the moment.

PN10

THE SENIOR DEPUTY PRESIDENT: Thank you. I think that is all I need at this stage, thank you. Mr Hine, have you got anything to say, an opening statement?

PN11

MR HINE: Not really, your Honour, because first of all, we are a bit confused about all of this because the NUW have been on site that I, as the branch manager, have never known to actually ask for or even as a courtesy to request permission to come on the site. So I don't know why they were there. My staff, afterwards, advised me that they wanted to talk to the union about going on site or joining a union. I would just like to state that Tas Freight has been affiliated with the Transport Workers Union since its commencement and we pay as per the TW award, which is recommended to us by the TWU. Any pay dispute we advise by the TWU as to our rate of pay that we pay to employees. No Tas Freight employee ever has or will be sacked for joining a union, if they wish to join a union we don't have a problem with that. That is it, sir.

PN12

THE SENIOR DEPUTY PRESIDENT: Thank you. Well, we will all adjourn into conference now.

<SHORT ADJOURNMENT [10.10AM]
<RESUMED [10.51AM]

PN13

THE SENIOR DEPUTY PRESIDENT: Now, the parties have met in that private conference. I commend the parties for their positive attitude they took in that conference. They have reached an agreed basis on which to go forward to deal with the matters raised this morning, I wish them well on those endeavours. The Commission is adjourned.

<ADJOURNED INDEFINITELY [10.52AM]