C2001/3078, Transcript of Proceedings [2001] AIRCTrans 3011 (8 November 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C2001/3078

APPLICATION TO STOP OR PREVENT
INDUSTRIAL ACTION

Application under Section 127(2) for
orders to stop or prevent industrial action

PERTH

2.06 PM, TUESDAY, 23 OCTOBER 2001

PN1

MR L. GANDINI: I appear for the applicant.

PN2

MR M. KANE: I seek to intervene in the matter on behalf of the Australian Services Union.

PN3

MR A. CAMERON: I appear for the respondent.

PN4

THE SENIOR DEPUTY PRESIDENT: Mr Cameron, are you of counsel, are you?

PN5

MR CAMERON: No. I am legally trained. I have been in a past life but since then I have gone into a peak organisation, having been employed in industry for quite some time, your Honour.

PN6

THE SENIOR DEPUTY PRESIDENT: So you are appearing as agent?

PN7

MR CAMERON: Precisely.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes. Well, is there any objection - are you of counsel, Mr Gandini?

PN9

MR GANDINI: Yes, yes, I am, sir.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes.

PN11

MR GANDINI: So I have no objection to - - -

PN12

THE SENIOR DEPUTY PRESIDENT: No, very well. Leave to both parties is granted. Now, what do you say about Mr Kane's application?

PN13

MR GANDINI: To appear?

PN14

THE SENIOR DEPUTY PRESIDENT: No, to intervene.

PN15

MR GANDINI: Mr Kane. I am sorry, I thought you said Mr Cameron. No difficulties. Thank you.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Gandini - Mr Cameron, sorry?

PN17

MR CAMERON: Likewise, it is not opposed at this end of the bar table.

PN18

THE SENIOR DEPUTY PRESIDENT: Very well.

PN19

MR CAMERON: There is one other matter, your Honour, while I am still on my feet. I have briefly had discussions with my friends at the bar table prior to this matter commencing. The situation I find myself in is that I have become involved in this matter with this company for the very first time today and rather than being something that is just newly emerged as I initially anticipated with it being a section 127 application, I find that in fact it has got a history of first being rolled out to the workforce going back to May of this year; discussions between the parties on an almost weekly basis having occurred since June of this year. And it having been before this Commission on at least four occasions, possibly more, given some of the instructions I have.

PN20

I do find myself at a severe disadvantage in properly putting the case for the respondent. However, I am also mindful that there is a legislative command that you deal with these matters as quickly as practicable and I have raised the proposition with my friends that perhaps we should go into conference to see how this might best be progressed and to see exactly what is agreed and what is not agreed, what will require evidence and what won't require evidence. I make that application, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Cameron. What do you say, Mr Gandini? First of all, Mr Kane, leave to intervene is granted.

PN22

MR GANDINI: Sir, the applicant is quite desirous of progressing the matter and seeking appropriate orders but I am instructed that perhaps a brief conference might be worthwhile.

PN23

THE SENIOR DEPUTY PRESIDENT: Yes. Well, it was my intention in fact to adjourn the matter into conference to see if the matter could be resolved without resort to a final order or a formal order. So that is what I will do. I will adjourn the matter into conference and if the matter needs to proceed after that, then we can deal with it accordingly.

PN24

MR GANDINI: Yes, sir.

PN25

THE SENIOR DEPUTY PRESIDENT: Now, if I release the court reporting service now, do you anticipate that we might require them again this afternoon or if the matter does have to proceed, would tomorrow be a better convenience in view of Mr Cameron's - - -

PN26

MR GANDINI: Sir, I envisage there may be need to quickly come back on the record, depending on the nature of the discussions. And perhaps some orders and/or directions that I think the applicant this time would seek to be made and recorded. So our preference would be that the mechanism be kept in place to record - in case that eventuates.

PN27

THE SENIOR DEPUTY PRESIDENT: Yes. Is there any difficulty in you coming back after?

PN28

COURT REPORTER: No, sir.

PN29

THE SENIOR DEPUTY PRESIDENT: No, thanks. All right. Then I will adjourn now into conference.

NO FURTHER PROCEEDINGS RECORDED [2.10pm]