C2001/523, Transcript of Proceedings [2001] AIRCTrans 276 (20 March 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 6191

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2001/523

WALTER CONSTRUCTION GROUP LIMITED

AND

CONSTRUCTION, FORESTRY, MINING AND
ENERGY UNION

NOTIFICATION PURSUANT TO SECTION WR 99 OF
THE ACT OF A DISPUTE RE THE COMPANY'S
REFUSAL TO EMPLOY A UNION NOMINATED PERSON

MELBOURNE

10.07 AM, TUESDAY, 27 FEBRUARY 2001

PN1

MR R.L. MATHIESON: I appear for the Walter Construction Group, Commissioner. I will put in an appearance for Mr I. IRVING who should be here.

PN2

THE COMMISSIONER: Well, where is he?

PN3

MR MATHIESON: I am expecting him to be here.

PN4

THE COMMISSIONER: Well, is he conducive to the furtherance of this matter?

PN5

MR MATHIESON: Yes, he would be.

PN6

THE COMMISSIONER: Well, why isn't he here on time?

PN7

MR MATHIESON: That I can't answer, Commissioner.

PN8

THE COMMISSIONER: Well, he better have an answer when he gets here, Mr Mathieson. This Commission runs on time, not to suit the vagaries of people who appear before it. Yes.

PN9

MR D. NOONAN: Commissioner, I appear for the Construction, Forestry, Mining and Energy Union; and with me I have MR J. McPARTLIN.

PN10

THE COMMISSIONER: Yes, Mr Mathieson.

PN11

MR MATHIESON: Commissioner, by way of a very brief - - -

PN12

THE COMMISSIONER: Mr McPartlin, you are either sitting at the bar table or you are chatting to the bloke behind you. Well, make up your mind what you are doing.

PN13

MR McPARTLIN: I am sitting here.

PN14

THE COMMISSIONER: Right. Yes, Mr Mathieson.

PN15

MR MATHIESON: Commissioner, by way of a very very brief background, on 12 February 2001 Senior Deputy President Watson in AG number 3006 of 2001 certified the Walter Construction Group and CFMEU and Industry Collective Bargaining Agreement 1999-2002. As you would be aware, it contained the usual clauses relating to objectives, real and improved performance measures, achieve actual implementation of efficiency measures, develop international best practices, etcetera, commitments for efficiency measures in real gains of productivity, and dispute settling procedures strictly adhered to, plus the no extra claims provision. And all those, as we are aware, Commissioner, are designed to give those wearing dark suits a very warm feeling, if one may be so polite.

PN16

During that time the Walter Construction Group was subject to a claim by the CFMEU that we hire a union nominated person on one of our sites, something the Walter Construction Group at two meetings with Messrs Kingham and McPartlin on both 9 February and 22 February - the latter meeting Mr Bill Stalmach from Walter was there as well - have indicated at all times that we have no interest, no desire, no use in hiring this particular person.

PN17

During that time it was put around projects that site management involved would be perfectly happy to hire this guy but Messrs Irving and Mathieson prevented it. And, too, following a meeting with site management the matter was 99.5 per cent fixed. I should add that they were never ever Walter situations relating to this issue and created some impressions on site that weren't real.

PN18

As per our notification to you yesterday, Commissioner, we had bans on three projects. On all projects there were bans relating to persons being inducted, and on all three projects that is preventing furtherance of the site. On another project we have a ban on the supply of steel to the Lubeka jump form and also a ban on work in the basement of that building. We have also been told in finality, Commissioner, that either - if we don't exceed to this request, that bans will escalate or that - plus the bans escalating, we will be subject to that usual myriad of union safety stoppages designed to cause some utmost inconvenience at the most inconvenient time.

PN19

Commissioner, I should state that in closing that at all times the Walter Construction Group has indicated to the unions we have no intent to hire this person. We have no role and he is basically no use to us. If the Commission pleases.

PN20

THE COMMISSIONER: Mr Noonan.

PN21

MR NOONAN: Commissioner, we say that we disagree completely with what has been put by Mr Mathieson here today and we say that what he has put here today is not factual. The situation is that discussions were held in December 2000 between Mr Breshie, an employee or a senior project manager I believe his title of Walter Construction Group, and a Mr Posobaun. Meetings were held by Mr McPartlin who is with me today and is the organiser for the area, and I believe that some discussions also occurred including Mr Roussos who is present in the court today. Mr Roussos is the shop steward at the particular site in question, 610 St Kilda Road.

PN22

The situation is that it was agreed between the parties at those meetings that there was a need for the services of a safety representative at site, someone who had the ability to carry out the safety rep's role. It is a major project. My instructions are it is of considerable size and it has always been envisaged that there would be someone there who would be designated to deal with issues of safety.

PN23

It won't surprise the Commission as presently constituted that the union has a view about those issues and about the desirability of who should fill such a role, subject, of course, to the usual processes of election as laid out under the Occupational Health and Safety Act. It is correct that a name was put to the company. With the Commission's forbearance, I will refrain from mentioning that name at this stage on transcript.

PN24

THE COMMISSIONER: I don't need to know that, Mr Noonan.

PN25

MR NOONAN: But my instructions are that at the initial meeting with Breshie and Posobaun a position was put to them about this issue. A subsequent discussion was held and it became clear that those people had done some enquiries about the person in question and it was clear that they had formed a view that they were not happy about what they had heard about the person in question.

PN26

Commissioner, there are some more things I want to say about this, but at this stage I would like to say them in conference. Now, I am in the hands on the Commission about this as I understand. But there are some things that I believe are relevant that can be best put to the Commission at this stage in conference. If the Commission does not see fit to have a conference about the issue of course I am prepared to put them on transcript, but there is a degree of sensitivity about some of the issues I would like to put.

PN27

THE COMMISSIONER: Yes, right.

PN28

MR NOONAN: So I would be asking for a conference, if the Commission pleases.

PN29

THE COMMISSIONER: What do you say about a conference, Mr Mathieson?

PN30

MR MATHIESON: I have no problem with that, Commissioner.

PN31

THE COMMISSIONER: The Commission will adjourn into conference.

NO FURTHER PROCEEDINGS RECORDED