C2001/3513, Transcript of Proceedings [2001] AIRCTrans 3332 (30 November 2001)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2001/3513

CARTER HOLT HARVEY CORRUGATED PACKAGING
PTY LIMITED

and

THE AUSTRALIAM METAL WORKERS UNION

RESTRICTIONS IN TORT

Application under section 166A of the Act
by Carter Holt Harvey Corrugated Packaging
Pty Limited

SYDNEY

3.05 PM, THURSDAY, 15 NOVEMBER 2001

Continued from 8.11.01

Hearing continuing

PN31

MR G. HATCHER: I appear for Carter Holt Harvey Corrugated Packaging Pty Limited. I don't believe there is an appearance for the AMWU.

PN32

THE COMMISSIONER: I have just received correspondence from the AMWU which says:

PN33

Reference is made to the above matter and the further listing of the dispute for 3.00 pm today. The Union is of the understanding that no industrial action is taking place at the employer's premises and that negotiations are continuing between the parties in accordance with the recommendation issued on the last occasion. It is on that basis that the union would see little value in the listing of this matter proceeding this afternoon as there is no industrial action occurring and therefore no issue to be heard by the Commission. Therefore, the union requests that the matter not proceed this afternoon and be adjourned indefinitely. Should you require further information, please do not hesitate to speak with me by phone. Yours faithfully, Sonia Terpstra, Senior Industrial Research Officer, AMWU.

PN34

MR HATCHER: Thank you, Commissioner, it does appear rather intriguing that parties before this Tribunal might communicate with the Tribunal and an expectation that the Commission won't sit when the Commission is scheduled to sit but, be that as it may, that's a matter for the Commission. I can report, Commissioner, that your intercession does appear to have had the result apparently desired by the Act in that the conduct of which my client complained presently is not occurring. That does not alter my client's overall position that it does wish to bring proceedings in tort but my client acknowledges that the Commission can't issue a certificate while it's taking the steps to procure a cessation of the conduct, and those steps are presently working.

PN35

What all that means, Commissioner, is that I'm not instructed to make the Chamberlain submission as yet but I am instructed to invite the Commission to adjourn this matter. May it please the court.

PN36

THE COMMISSIONER: Very well. I will adjourn these proceedings, noting both what Mr Hatcher says and what the correspondence from the AMWU says in respect of work proceeding as normal. These proceedings will then adjourn.

ADJOURNED INDEFINITELY [3.10am]