C2001/3969, Transcript of Proceedings [2001] AIRCTrans 1957 (16 August 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 8673
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2001/3969

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act
by Abigroup Contractors Pty Limited for an
order to stop or prevent industrial action
by the Construction, Forestry, Mining and
Energy Union re additional allowances at the
Westgate Bridge Strengthening Project,
Hall Street, Spotswood

MELBOURNE

11.30 AM, FRIDAY, 27 JULY 2001

PN1

MR P. SHELL: I appear on behalf of the Civil Contractors Federation, now a member, Abigroup Proprietary Limited.

PN2

MR R. WAINWRIGHT: I appear for the Construction, Forestry, Mining and Energy Union and with me is MR R. EDWARDS and MR R. McGRATH. Commissioner, we would like to raise a jurisdictional objection to this application.

PN3

THE COMMISSIONER: Yes, what are they?

PN4

MR WAINWRIGHT: Commissioner, we received the listing for this application, both in the Victorian office of the union and directed to the national office of the CFMEU, that is to Mr John Maitland. Commissioner, I have checked with the office of Mr Maitland some half-an-hour ago as to what we received and it has been confirmed by his office that they received the listing and nothing else which is what we received in our office. Commissioner, I would just point out that pursuant to rule 25, basically it is the obligation upon the applicant to forward not only the listing to us, but a copy of the application. That can be found in rule 25(3):

PN5

Applicant to serve copy of the application to each party to the dispute who is affected, each party to the negotiation...

PN6

so on and so forth. We say that in the circumstances of this purported application, those requirements have not been followed, therefore no application has been made pursuant to section 127(2).

PN7

THE COMMISSIONER: Yes, Mr Shell.

PN8

MR SHELL: Commissioner, on the jurisdictional objection, I was not aware that there perhaps might have been an oversight. I can rectify that at the present time by giving Mr Wainwright a copy of the application, but my understanding - I thought that the due process was that the Commission would serve copies of this particular type of application; perhaps I am wrong.

PN9

THE COMMISSIONER: That is not what the rule says; it says the applicant, it has always said the applicant.

PN10

MR SHELL: It has been some time since I submitted one of these and I thought I was - - -

PN11

THE COMMISSIONER: That is not my fault.

PN12

MR SHELL: I am in the hands of the Commission on that basis. I do have some spare copies here for the union with me.

PN13

THE COMMISSIONER: Give Mr Wainwright a copy. I will see you at a quarter-to. You can read it, Mr Wainwright, and discuss it with whoever.

SHORT ADJOURNMENT [11.34am]

RESUMED [11.45am]

PN14

THE COMMISSIONER: Have you read the application, Mr Wainwright?

PN15

MR WAINWRIGHT: Commissioner, I would renew my application there - - -

PN16

THE COMMISSIONER: Have you read the application, Mr Wainwright, is the question.

PN17

MR WAINWRIGHT: I have read this application, yes.

PN18

THE COMMISSIONER: The Commission is adjourned into conference.

NO FURTHER PROCEEDINGS RECORDED