C0079/099, Transcript of Proceedings [2001] AIRCTrans 1747 (30 July 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

C No 00790 of 1999
C No 00791 of 1999

APPLICATIONS FOR REVIEW PURSUANT TO
ITEM 51 SCHEDULE 5 TRANSITIONAL PROVISIONS
WROLA ACT 1996 OF THE AMPOL REFINERIES (NSW)
PTY LIMITED, AIMPE MANUFACTURING DEPARTMENT
AWARD 1995 AND AMPOL REFINERIES (NSW) PTY
LIMITED AND AMPOL LUBRICATING OIL REFINERY
LIMITED, AUSTRALIAN WORKERS UNION
MANUFACTURING DEPARTMENT AWARD 1995

SYDNEY

12.24 PM, THURSDAY, 12 JULY 2001

Continued from 4.5.01

PN112

THE COMMISSIONER: Could I have the appearances, please?

PN113

MR G. BEARD: If it please the Commission, I appear on behalf of the Australian Workers Union.

PN114

MR R. ASHTON: If the Commission pleases, I represent the Australian Institute of Marine and Power Engineers in C No 00790 of 1999.

PN115

MR M. MITCHELL: If the Commission pleases, I appear on behalf of Caltex in both matters.

PN116

THE COMMISSIONER: This was on some time ago by phone conference, and the parties were going to inform the Commission as to the status of the two awards. I didn't hear anything, so I thought I might relist the matter face to face to find out where we are, so who wants to go first? Yes, Mr Beard?

PN117

MR BEARD: I'll open innings, Commissioner. Since the last conference the parties have had further discussions, and in fact I have forwarded correspondence through to Mr Mitchell and Mr Williamson in regard to a couple of the areas that we're having some problems with. Those areas are the properly fixed minimum rates situation and also the AWU position in regard to varying the settlements of the disputes clause to provide for dispute resolution training. I hadn't had a response back from Mr Mitchell in regard to those items, however, just prior to today's matter being heard, Mr Mitchell has provided another copy of a draft award, and I wonder if at this stage, Commissioner, it might be more appropriate to go into conference to further process this matter?

PN118

THE COMMISSIONER: Yes. Do you have any objection to that, Mr Ashton?

PN119

MR ASHTON: No, Commissioner.

PN120

THE COMMISSIONER: Mr Mitchell?

PN121

MR MITCHELL: No, Commissioner.

PN122

THE COMMISSIONER: We will adjourn into conference.

SHORT ADJOURNMENT

NO FURTHER PROCEEDINGS RECORDED