C2001/1615, Transcript of Proceedings [2001] AIRCTrans 1281 (26 June 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2001/1615

THE AUSTRALIAN WORKERS UNION

AND

AQUA DRILLING AND GROUTING
PTY LIMITED

NOTIFICATION PURSUANT TO SECTION 99 OF THE
ACT OF A DISPUTE RE WAGES AND CONDITIONS IN
THE DRILLING AND EXPLORATION INDUSTRY

SYDNEY

1.01 PM, TUESDAY, 5 JUNE 2001

Continued from 27.4.01

Adjourned sine die

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, you have already appeared in this matter, Mr Beard.

PN15

MR BEARD: That's correct, your Honour. You would be aware on 27 April this year you found a dispute to exist between the union and Aqua Drilling and Grouting Pty Limited. On that day I then forwarded a letter to the company setting out the brief background details in regard to the dispute finding that was in regard to the service of the letter of demand and also service of the notice of hearing in regard to that matter and also setting out the union's desire to have the company bound to Drilling and Exploration Industry (AWU) Award 1998, and a copy of that draft award was enclosed with that letter so that the company was very aware of the union's attention in regard to this matter.

PN16

I had a telephone call from the company, a Mr Scott Barnes, following service of that letter your Honour indicating that the company will consent to the union's proposal. On 11 May I then wrote to you again outlining the processes that occurred and also attaching a copy of that letter and the draft award. For completeness of the file your Honour I have received a letter from the company stating that they have no objection to the draft order being ratified. I also hand to you a copy of the amended draft order and it is amended only in regard to placing today's date as the operative date and I hand those documents to you.

PN17

THE SENIOR DEPUTY PRESIDENT: I will mark the draft award as exhibit 3, and the letter from Aqua Drilling and Grouting Pty Limited as exhibit 4.

EXHIBIT #3 DRAFT AWARD

EXHIBIT #4 LETTER FROM AQUA DRILLING AND GROUTING PTY LIMITED

PN18

MR BEARD: So in essence your Honour the parties seek to have the roping-in award issued in due course. You would be aware also that correspondence has occurred between the AWU and also the Construction, Forestry, Mining and Energy Union. A Mr Bill Bodkin from that organisation contacted me in regard to this matter, he sent a letter through to you and I replied to that and I also advised you of the letter that I forwarded to the CFMEU and on the basis of the information that has been discussed Mr Bodkin then forwarded another letter through to you and it was dated on 23 May indicating that the CFMEU on the current situation had no opposition to the roping-in being made and as things stand at this stage nothing has changed and accordingly I ask that an order be issued in due course.

PN19

THE SENIOR DEPUTY PRESIDENT: I think we will just for the completeness of the record we'll mark that letter from the CFMEU addressed to you, Mr Beard. I don't think the earlier correspondence needs to be marked. We will mark that as exhibit 5.

EXHIBIT #5 LETTER FROM THE CFMEU TO MR BEARD

PN20

MR BEARD: Thank you, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: This is an application to make an award to be entitled the Drilling and Exploration Industry (AWU) Roping-in Award No 1 of 2001. The purpose of the award is to rope Aqua Drilling and Grouting Pty Limited into the provisions of the Drilling and Exploration Industry (AWU) Award 1998 as varied. The company consents to the making of the award and in those circumstances I'm satisfied it is appropriate to make the award in the terms sought in exhibit 3. An award in that form will issue to commence from the first pay period commencing on or after today's date and will have a nominal life of six months a formal award with these reasons will issue in due course. The Commission will now adjourn.

ADJOURNED INDEFINITELY [1.06pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #3 DRAFT AWARD PN18
EXHIBIT #4 LETTER FROM AQUA DRILLING AND GROUTING PTY LIMITED PN18
EXHIBIT #5 LETTER FROM THE CFMEU TO MR BEARD PN20