Australian Industrial Relations Commission

Dec  661 /96 M Print N2163

                  AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

                      Industrial Relations Act 1988
               s.118A application re organisation coverage

                     The AWU-FIME Amalgamated Union
                                 and
                 Media, Entertainment and Arts Alliance
                          (D No. 30010 of 1996)

DEPUTY PRESIDENT WILLIAMS                             MELBOURNE, 7 JUNE 1996

Designated Presidential Member

Organisation coverage - Village Nine Network Leisure Company Pty Ltd

                           DECISION

On  4  April 1996, Senior Deputy President Polites  issued  an order1 pursuant
to s.118A of the Industrial Relations Act 1988 (the  Act) in relation to the
coverage of persons employed  or to be employed by Village Nine Network Leisure
Company Pty Ltd at  various theme parks throughout Australia.  The order  gave
effect  to  his Honour's decision2 of the same  date  and,  in effect,
extended  earlier, more limited orders  made  by  the Senior Deputy President
on 7 August 19953 and  24 November 19954.

The order is in the following terms:

   A.  Following  a  decision of the Commission [Print  N0697]
       and  previous decision of the Commission dated  3  July
       1995  [Print M2882] and 24 November 1995 [Print  M7232]
       the Commission orders that:

   1.  This  order shall be known as the Village Nine  Network
       Leisure Company Pty Ltd - Intencity, World Live!,  Hide
       and  Seek Theme Parks - Employees Representation  Order
       (No. 3) 1996.

   2.  Pursuant  to  applications filed under  s.118A  of  the
       Industrial Relations Act 1988 (the Act) by Village Nine
       Network Leisure Company Pty Ltd (Village Nine)  (C  No.
       41237  of  1994), The AWU-FIME Amalgamated Union  (AWU-
       FIME)  (C  No.  41255 of 1994) and Media, Entertainment
       and  Arts  Alliance (MEAA) (C No. 35812  of  1994)  the
       Commission orders that:

                 (a)   The  AWU-FIME shall, by force  of  this
           Order,  have the right to represent under  the  Act
           the industrial interests of all persons employed or
           to  be employed by Village Nine at Intencity, World
           Live!  and  Hide  and Seek Theme Parks  established
           throughout the Commonwealth of Australia and  shall
           have  that right to the exclusion of the  MEAA  and
           all other registered organisations.

                  (b)   The  MEAA  and  all  other  registered
           organisations shall not have the right to represent
           under  the Act the industrial interests of  persons
           employed  or  to  be employed by  Village  Nine  at
           Intencity,  World  Live! and Hide  and  Seek  Theme
           Parks established throughout the Commonwealth.

                 (c)   Under s. 118A(5) of the Act the matters
           are  referred to the Designated Presidential Member
           to  determine such alterations as may be  necessary
           to the Rules of the AWU.

                 (d)   Notwithstanding anything else contained
           in  this  order the Australian Liquor,  Hospitality
           and  Miscellaneous Workers Union (LHMU) shall  have
           the   right,  and  shall  have  the  right  to  the
           exclusion  of  the  AWU and the MEAA  to  represent
           under  the Act the industrial interests of  persons
           employed  or  to be employed by contract  cleaning,
           contract  security, contract catering  or  contract
           food  service companies engaged by Village Nine  at
           the  Intencity, World Live! and Hide and Seek Theme
           Parks.

                 (e)   Notwithstanding anything else contained
           in   this  order,  this  order  has  no  effect  or
           operation  at  any  Village Nine operation  at  the
           Crown Casino Complex in Melbourne.

   B.      This  order  shall operate on and from  24  January
           1996.

As  the  designated Presidential Member to whom the matters were  referred in
accordance with those orders, I  listed  the matter, pursuant to Regulation 12,
for mention and programming on  15  May  1996.  Included on the notice of
hearing  was  a direction in the following terms:

       "The  AWU is directed to file in the Registry and serve
       upon  each  of the persons referred to [in the  notice]
       not  later than 5.00 pm on Wednesday 8 May 1996 a  copy
       of   the   alteration  it  proposes  be  made  to   its
       eligibility rules."

No  such  proposal  was either filed or  served  until  the afternoon  of  14
May  1996, the  day  before  the  scheduled hearing.  No explanation could be
given at the hearing for the failure  to  comply  with  the  Commission's
direction.   The Commission pointed out that the making of such a direction had
a  purpose  and was not done merely for giving the  Commission practice  at
making such directions.  The Commission  expects that  its directions shall be
complied with or, alternatively. that any failure to do so will be adequately
explained.

In   view   of  the  AWU's  failure  to  comply  with   the Commission's
direction, further directions were  made  to  the effect  that the AWU provide
the Commission with an  affidavit evidencing service by the AWU on each other
party of a copy of its proposed alterations and a letter advising that party
that it  had  10 days to notify the Commission of any objection  to such
proposed alterations.

On  the  basis of the affidavit of Brian Patrick  Kilmartin filed  in  the
Commission on 21 May 1996, I am  satisfied that  the  AWU, on 15 May 1996, sent
by facsimile transmission on  that  day  to each of the parties a copy of  its
proposed alterations and a letter advising that party that  it  had  10 days
to  notify  the  Commission of  any  objection  to  such proposed
alterations.   The  Commission  has   received   no objection to the
alterations proposed by the AWU.

The  alteration  proposed by the AWU is  in  the  following terms:

       By  deleting paragraph (5D) of Section 1 of Part  A  of
       Rule 6 and by inserting in lieu thereof the following:

           "(5D)   All  persons employed or to be employed  by
                    Village  Nine Network Leisure Company  Pty
                    Ltd  at Intencity, Energy Square (E2)  and
                    Hide  and Seek Theme Parks established  in
                    the  Commonwealth  of Australia  shall  be
                    eligible for membership of the Union."

   Subject  to  the  replacement of the words  "Energy  Square
(E2)"  with  words  "World Live!", I  am  satisfied  that  the
proposed  alteration properly reflects his  Honour's  decision
and order and is in an appropriate form.

I  therefore determine that the rules of the AWU be altered by the deletion of
the said paragraph (5D) and its replacement with the following:

           "(5D)   All  persons employed or to be employed  by
                    Village  Nine Network Leisure Company  Pty
                    Ltd at Intencity, World Live! and Hide and
                    Seek   Theme  Parks  established  in   the
                    Commonwealth   of   Australia   shall   be
                    eligible for membership of the Union."

By  virtue  of s.118A(7), the alteration takes effect  from today.  As a result
of this determination and my determination in matter D No. 30011 of 1996, a
decision5 which is also being issued  today, the eligibility rules of the AWU,
on  and  from today's date and until further alteration, shall be as set out in
Annexure A to this decision.

BY THE COMMISSION:

DEPUTY PRESIDENT

Appearances:

A. Forbes for The Australian Workers' Union.

Hearing details:

1996.
Melbourne:
May 15.

Industrial unions - exclusive representation - rule alteration -  Commission
criticised union for  failure  to  comply  with directions   -  failure  to
make  proposed  rule  alterations available resulted in delay of hearing -
rules of AWU altered.



** end of text **
_______________________________
1  Print N0698.
2  Print N0697.
3  Print M4154.
4  Print M7233.
5  Print N2164.

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