C2480/599, Transcript of Proceedings [2001] AIRCTrans 1629 (20 July 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C No 24805 of 1999

QANTAS AIRWAYS LIMITED

and

AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION
AND OTHERS

Notification pursuant to Section 99 of the Act
of a dispute re section 107 reference to a Full
Bench re section 88A(7) application for
exceptional matters order

SYDNEY

10.35 AM, TUESDAY, 3 JULY 2001

Continued from 9.5.00

Adjourned sine die

PN1

THE SENIOR DEPUTY PRESIDENT: Good morning, may I have the appearances please?

PN2

MS J. MANSFIELD: If it please the Commission, I am a solicitor and I am appearing for Qantas Airways Limited. I'm not anticipating any appearance from the unions in this matter, your Honour.

PN3

THE SENIOR DEPUTY PRESIDENT: No, Ms Mansfield. In fact we've had some communication from Maurice Blackburn in relation to the AMWU.

PN4

MS MANSFIELD: Yes, your Honour, I've received a copy of that fax of 29 June. I thank your Honour for relisting the matter at our request and sometime has passed since the matter was before the Commission last. The proceedings concern an application by Qantas for an exceptional matters order which would, in summary, have the effect of excluding any application of certain Qantas Awards and certified agreements to employees of Fourstaff Pty Limited performing work at Avalon air base. Your Honour will recall that the matter was before a Full Bench for hearing in May and July last year, your Honour presiding.

PN5

At that time evidence and submissions were heard in relation to Qantas' application and the Full Bench was also hearing an appeal by the AMWU, the AWU and the CEPU against the decision of Munro J in the proceedings. There was a decision on 6 October 2000 which dismissed that appeal and the Full Bench also indicated it would refrain from further hearing Qantas' application pending a decision of Munro J in a section 118A application that had been brought by Fourstaff. We've written to the Commission on 4 June advising that Munro J did deliver that decision on 5 January and I can hand up a copy of the order if it's not to hand.

PN6

THE SENIOR DEPUTY PRESIDENT: I have the decision. I'll check whether the order is appended to it.

PN7

MS MANSFIELD: It's a separate print.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, I have the order, thank you.

PN9

MS MANSFIELD: Thank you, your Honour. That decision and order were appealed by the AMWU. It was an order granting rights of representation to the ALAEA to the exclusion of the AMWU, but the appeal of the AMWU was withdrawn on 8 May. Your Honour might also recall that at the time that this present application was before the Full Bench the unions had on foot proceedings against Fourstaff in the Federal Court seeking a declaration that Qantas Awards and agreements had transmitted by force of the Workplace Relations Act to bind Fourstaff in relation to the work at Avalon. I can advise the Commission that those proceedings were discontinued by the unions last month.

PN10

In those circumstances, your Honour, Qantas wants to press its application for an exceptional matters order. Subject to your Honour's view we would propose to do that by way of written submission rather than requesting a Full Bench to convene to hear us. I understand from the facts from the unions that they don't see any need for a further hearing or they don't propose to make any further submissions.

PN11

THE SENIOR DEPUTY PRESIDENT: They don't propose to take any further part, I think they said, didn't they?

PN12

MS MANSFIELD: They say "our clients do not propose to make any further submission at the hearing on 3 July and will not be represented at the hearing in Sydney". Of course, today is only listed for directions and programming and I'm not sure that the union intends not to put any further submission.

PN13

THE SENIOR DEPUTY PRESIDENT: No, well, is the appropriate course to make directions for the filing of further submissions, in your submission?

PN14

MS MANSFIELD: That sounds very sensible, your Honour. We would seek a period of about four weeks.

PN15

THE SENIOR DEPUTY PRESIDENT: Have you got a time frame in mind, Ms Mansfield?

PN16

MS MANSFIELD: Well, four weeks for us and, I suppose, the same period for the unions, if they seek to put on a reply at all.

PN17

THE SENIOR DEPUTY PRESIDENT: Well, then, let's just look at the diary. Would a program of four weeks, four weeks and one week suit?

PN18

MS MANSFIELD: Yes, thank you.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes, well, is there anything further you wanted to put, Ms Mansfield?

PN20

MS MANSFIELD: No, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: I consider in this matter it is appropriate to give directions for the completion of the matter in circumstances where Qantas wishes to pursue the application by way of written submissions. I direct Qantas to file and serve on all who appeared in the previous proceedings copies of its written submissions by close of business on 31 July 2001. Any respondent who wishes to file a written submission should do so and serve that written submission by close of business on 28 August 2001. Qantas should file any rebuttal submissions by close of business on 4 September 2001.

PN22

I will reserve to the Full Bench the right to relist the matter if it considers it desirable after receipt of the written submissions, but other than that the Commission would propose to resolve the matter by way of decision upon the written submissions. I will issue that direction formally in due course. Thank you, Ms Mansfield. The Commission will adjourn to a later hour today.

ADJOURNED INDEFINITELY [10.40am]