C2001/4117, Transcript of Proceedings [2001] AIRCTrans 2015 (23 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 8689

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2001/4117
C2001/4132

ABB SERVICE PTY LTD

and

COMMUNICATIONS, ELECTRICAL,
ELECTRONIC, ENERGY, INFORMATION,
POSTAL, PLUMBING AND ALLIED
SERVICES UNION OF AUSTRALIA
and ANOTHER

Notification pursuant to section 99 of the
Act of a dispute re claim for payment of loss
of wages

APPLICATION FOR AN ORDER TO
STOP OR PREVENT INDUSTRIAL
ACTION

Application under section 127(2) of the
Act by ABB Service Pty Ltd for an order
to stop or prevent industrial action

MELBOURNE

11.32 AM, WEDNESDAY, 1 AUGUST 2001

PN1

MR C. MOLNAR: I appear on behalf of the applicant, ABB Service, and I seek leave to appear before this Commission.

PN2

MR J. DANBY: I appear on behalf of the AMWU, Commissioner.

PN3

MR J. MADDISON: I appear on behalf of the CEPU. Also appearing with me today, Commissioner, is MR S. LEANE.

PN4

THE COMMISSIONER: Yes.

PN5

MR MADDISON: Commissioner, I do foreshadow an adjournment application in respect of the 127 and - - -

PN6

THE COMMISSIONER: Well, you are a bit premature - - -

PN7

MR MADDISON: Yes.

PN8

THE COMMISSIONER: - - - with respect to that. Now what else have you got to say?

PN9

MR MADDISON: Commissioner, I do not know if - well the CEPU also objects to counsel appearing in this matter.

PN10

THE COMMISSIONER: Yes.

PN11

MR MADDISON: If the Commission pleases.

PN12

THE COMMISSIONER: Well counsel might be able to assist the matter. Leave is granted.

PN13

MR WEBB: Commissioner.

PN14

THE COMMISSIONER: The Commission is adjourned into conference. Who are you?

PN15

MR S. WEBB: Commissioner, I am Stephen Webb, representing Kraft Foods. I seek leave to intervene.

PN16

THE COMMISSIONER: What are your grounds?

PN17

MR WEBB: Excuse me?

PN18

THE COMMISSIONER: What are your grounds?

PN19

MR WEBB: Grounds? As the affected - - -

PN20

THE COMMISSIONER: You just don't rock up here and say you seek leave to intervene without grounds.

PN21

MR WEBB: As the affected parties - as one of the affected parties, sir.

PN22

THE COMMISSIONER: In what way are you affected?

PN23

MR WEBB: The members of the unions appearing here today, sir, are contractors on our site and the matters before you today will indicate that they have withdrawn labour from our site affecting our operation, sir.

PN24

THE COMMISSIONER: I will allow you to intervene in this application pursuant to section 99. Not in the application of section 127. The Commission is adjourned into conference.

OFF THE RECORD

PN25

THE COMMISSIONER: The Commission is resumed. I have managed to suss out some information in conference from the parties about this matter, and it appears to the Commission the matter needs further exploration in depth by the Commission, with the assistance of all parties, and that includes Skilled Engineering, Mr Webb. Accordingly, the Commission pursuant to section 111(1)(t) of the Workplace Relations Act orders and directs there be no bans or limitations on work by members of the AMWU or the CEPU at the Kraft operation.

PN26

The Commission further orders and directs that at 9 am tomorrow morning, that is Thursday, 2 August, the parties now before the Commission with the addition of representatives of Skilled Engineering, attend the Commission, and Skilled Engineering is to bring with it its selection criteria and interview bases for the employees. The Commission will then, with the assistance of the parties, try to resolve the matter on an equitable basis. I only make two comments. People are entitled to work, people who have given long and honest service are entitled to be treated with some regard, not cast out like chattels, by anyone, for any reason.

PN27

Both matters, the matter pursuant to section 99 and the matter pursuant to section 127(2), are adjourned until 9 am tomorrow morning. The Commission is adjourned.

ADJOURNED UNTIL THURSDAY, 2 AUGUST 2001 [11.58am]