C2005/1317, Transcript of Proceedings [2006] AIRCTrans 35 (5 January 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13834-1

COMMISSIONER TOLLEY

C2005/1317

TRANSPORT WORKERS’ UNION OF AUSTRALIA
AND
ADVANCE WASTE DISPOSAL PTY LTD
s.99 - Notification of an industrial dispute - Log of claims
(C2005/1317)

MELBOURNE

9.58AM, TUESDAY, 20 DECEMBER 2005

Continued from 16/6/2005

PN92

MS RYALL: I appear for the Transport Workers' Union in this matter.

PN93

MR SULLIVAN: I appear for the Australian Industry Group on behalf of Metalcorp Recyclers.

PN94

THE COMMISSIONER: Thank you. Ms Ryall.

PN95

MS RYALL: Thank you Commissioner. We're here to seek roping-in orders for a number of companies to whom a dispute has been found by you on transcript on 11 March this year. Draft orders have been served on the company's respondent to the dispute on 30 September this year and the notice of listing has been served on 30 November. I'll just hand up a statement of service and a hard copy of the draft orders.

PN96

THE COMMISSIONER: Yes thank you.

PN97

MS RYALL: Thank you.

PN98

THE COMMISSIONER: Do you have a copy for Mr Sullivan?

PN99

MS RYALL: Yes.

EXHIBIT #A2 STATEMENT OF SERVICE
EXHIBIT #A3 DRAFT FOR THE AWARD

PN100

MS RYALL: We note that the draft orders concerned all the parties shown on the appendices to the draft except in relation to Chant Gas Services Pty Ltd, there shown on schedule A to the Transport Workers' LP Gas Industry Award 2002 Draft Order however, we continue proceedings against them as we understand they don't actually come within the work done under this Award at this time. In respect of Tenix Maintenance Services I'll just hand up a letter from John Crawford the general manager to us showing that they consent to the draft orders that we put in respect to the Gas Industry Contractors the main Award.

EXHIBIT #A4 LETTER FROM JOHN CRAWFORD

PN101

MS RYALL: And in respect of Metalcorp Recyclers trading as Smorgon Steel Recycling who I believe Mr Sullivan represents. We were sent correspondence from Australian Industry Group stating that they believe the correct Award to be the Transport Workers' Mixed Industry Award 2002 however we note that the request to rope that company into the Award has come from a WA branch and there Mixed Industries Award doesn't apply in Western Australia. We understand that Smorgon Steel is actually looking at having a roping-in order made that confines the operation of that order to the Western Australian operations only and I'll leave it with Mr Sullivan to address you further on that point. In all other respects we just think the orders as they've been put before you this morning.

PN102

THE COMMISSIONER: Yes thank you. Mr Sullivan.

PN103

MR SULLIVAN: Thanks Commissioner. There's been some confusion regarding this roping-in, I've come here with instruction that really the company was opposing on the basis of the interstate divisions that it has in mixed industries in every other state. So if it's restricted to Western Australia I'm fairly sure that will be okay but I really need to take instruction again. The company representative is in Western Australia at this point in time and if the Commission pleases if we could notify as soon as possible after Christmas after I talk to him.

PN104

THE COMMISSIONER: After Christmas?

PN105

MR SULLIVAN: Well before Christmas if we can get him Commissioner, I just got only three days to go but I think that was our major concern so I've come under a different pretence from when I got here and found out we can contain it to Western Australia.

PN106

THE COMMISSIONER: Oh well these things happen from time to time. Well what's your attitude if I adjourn the basis in respect of the people Mr Sullivan represents on the basis that they get back to my by 14 January.

PN107

MS RYALL: Well we have no issue with that.

PN108

THE COMMISSIONER: There'll be no opposition to the making of the Award except for those issues raised in respect to the people Mr Sullivan represent. Then came in that respect to inform the Commission or my office by 14 January 2006 as to their attitude if an order is made which only binds them in respect to Western Australia to the Award before the Commission, if there are any other problems the matter will have to be brought back on for hearing. Apart from that the Transport Workers' LP Gas Industry Award 2002 is made pursuant exhibit A3 which is an exhibit before the Commission. It will come into force beginning the first full pay period commencing on or after - - -

OFF THE RECORD

PN109

THE COMMISSIONER: In respect to the Transport Workers' LP Gas Industry Award 2002 just read to include those respondents attached and the Awards will come into force beginning the first full pay period commencing on or after today's date 20 December 2005 and to remain in force for a period of six months. In respect to the Transport Workers' Award 1988 the Awards will come into force beginning the first full pay period commencing on or after today's date
20 December 2005 and is to remain in force for a period of six months.

PN110

In respect to the Transport Workers' Refuse Recycling and Waste Management Award 2001 the Award with the attached respondents will come into force from today's date of 20 December 2005 and is to remain in force for a period of six months. In respect to the Transport Workers' Oil Distribution Award 2001 and the attachments, the Award shall come into force beginning the first full pay period commencing on or after today's date 20 December 2005 and to remain in force for a period of six months.

PN111

In respect to the Gas Industry Contractors Mains and Services Award 2003 the Award shall come into force from the beginning of the first full pay period commencing on or after today's date 20 December 2005 and is to remain in force for a period of six months. In respect of the Transport Workers' Long Distance Drivers Award 2000 the Award shall come into force beginning of the first full pay period commencing on or after 20 December 2005 and is to remain in force for a period of six months. And in respect to the Airline Operations Transport Workers' Award 1998 the Award shall come into force from the beginning of the first full pay period commencing on or after today's date which is
20 December 2005 and is to remain in force for a period of six months. The schedule A attached to each of those Awards are the parties that have been roped in and I repeat with the saving that Mr Sullivan is to inform the Commission about the client he represents in today's proceedings by 14 January.

<ADJOURNED INDEFINITELY [10.07AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A2 STATEMENT OF SERVICE PN99
EXHIBIT #A3 DRAFT FOR THE AWARD PN99
EXHIBIT #A4 LETTER FROM JOHN CRAWFORD PN100