C0034/099, Transcript of Proceedings [2001] AIRCTrans 3379 (4 December 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 1336

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOLMES

C No 00340 of 1999
C No 00341 of 1999

L.P. GAS INDUSTRY AWARD 1985

TRANSPORT WORKERS' (LP GAS
INDUSTRY) AWARD 1985

Review under section 51, item 51, schedule 5,
Transitional WROLA Act 1996 re conditions
of employment

MELBOURNE

10.56 AM, TUESDAY, 20 NOVEMBER 2001

PN1

MR C. O'MALLEY: I appear for the Transport Workers' Union.

PN2

MS S. LEARMONTH: I appear on behalf of the Transport Workers' Union.

PN3

MR G. LEECH: I appear for Elgas.

PN4

MS V. MOULATSIOTIS: I appear on behalf of TXU.

PN5

MR R. MCINTOSH: I appear on behalf of Origin Energy.

PN6

MS S. DEANE: I appear on behalf of Gas Corp.

PN7

THE COMMISSIONER: Thank you, Ms Deane. Well, I gather my associate has provided you with a draft simplified version of each of these awards this morning. My statement is now true, you have all got a copy. I don't know whether there has been any discussions between the parties in relation to these awards. An action has taken place, I know there was - I think the matters have been listed before Commissioner Gay, about two years ago - no, a year ago, or thereabouts, except, I think, one was dealt with a few months back.

PN8

But what is proposed really, is for you to have some discussions between yourselves in relation to those drafts to see what areas there are that you need to - well, that you disagree about which need to be negotiated, hopefully to reach an agreement. Where agreement can't be reached, then ultimately I suppose I will have to determine what the final result will be. So I don't know, maybe I should ask you has there been any discussions, Mr O'Malley, that you are aware of, between the parties?

PN9

MR O'MALLEY: There has, Commissioner, been discussions between Elgas and the Transport Workers' Union.

PN10

THE COMMISSIONER: Right.

PN11

MR O'MALLEY: I am just a bit confused about the other parties.

PN12

MR LEECH: And Origin.

PN13

MR O'MALLEY: Has Origin been - sorry - - -

PN14

MR LEECH: Excuse me.

PN15

THE COMMISSIONER: That is fine, Mr Leech, I mean it is a conference so you - you know, speak whenever it makes sense.

PN16

MR LEECH: And Origin.

PN17

THE COMMISSIONER: Right. So, you all have been involved in discussions.

PN18

MR MCINTOSH: Not me personally.

PN19

THE COMMISSIONER: No, no.

PN20

MR MCINTOSH: But Origin was represented at later discussions.

PN21

THE COMMISSIONER: Well, I hope that what we have provided this morning whether - I suppose I should find out whether in fact - and there is no need to stand up - whether in fact you developed your own draft that you are close to reaching fruition with or where you are at. And so - yes, Ms Learmonth?

PN22

MS LEARMONTH: What your associate has just handed out, Commissioner, has been a draft that we have been working on and I forwarded to your associate. She has then sent it up to the unit, done a few other bits and pieces, and as a result, we have got these two awards today.

PN23

THE COMMISSIONER: Right.

PN24

MS LEARMONTH: So what we will do is, after today, have further discussions based on this draft that your associate has given us. So yes, discussions have been occurring and they have been quite fruitful.

PN25

THE COMMISSIONER: So do I take it you are close to finalisation?

PN26

MS LEARMONTH: I think we are.

PN27

MR LEECH: Yes, I would endorse that, Commissioner, as far as Elgas is concerned, yes.

PN28

THE COMMISSIONER: All right. So does that go for both awards?

PN29

MR LEECH: Yes, sir.

PN30

THE COMMISSIONER: Is that - Mr McIntosh?

PN31

MR MCINTOSH: I agree with that, yes.

PN32

THE COMMISSIONER: Okay, and I take it that Ms Deane, have you - you are not - you don't believe you are party to it or - - -

PN33

MS DEANE: I am unaware of any discussions, I believe that we possibly ought not be a respondent if we are, and I guess I will undertake to make some enquiries and notify the Commission that we don't wish to be involved or we don't think we ought to be or whatever is deemed appropriate.

PN34

THE COMMISSIONER: Right.

PN35

MS DEANE: I would just like to be able to confirm that.

PN36

THE COMMISSIONER: And in relation to TXU, Ms Moulatsiotis?

PN37

MS MOULATSIOTIS: We do not believe we are a respondent to the awards but would like to be put on the reserve list again so that we can clarify our position.

PN38

THE COMMISSIONER: All right. Do the unions have a view about the respondency of either TXU or Gas Corp, in relation to these awards?

PN39

MR O'MALLEY: I believe they are not respondent to the - these awards.

PN40

THE COMMISSIONER: Well, I am prepared to work on the basis that you have further discussions. If you reach agreement and both Gas Corp and TXU indicate that they don't believe that they are respondents to the award and provide me with letters and you indicate - the other parties that their particular union, that they are of a similar view in relation to those two companies, rather than call you all back, I will just work on the basis that I will make the order. Unless, there is some issue that I have got of concern, and my - I don't believe in bringing people here just for the purpose of having a discussion.

PN41

If agreement is reached, and you tell me so, unless I have got some real concern in relation to the final document, then I will just proceed to issue it. Now, if I sort of gave you a date of 7 December, is that amenable or do you want a bit more time than that? 7 December I was going to suggest, but I mean, if you want a bit more time?

PN42

MS LEARMONTH: I am going to need a bit more time, given that I - - -

PN43

THE COMMISSIONER: Before Christmas or not?

PN44

MS LEARMONTH: I would like to get it finished before Christmas, but I am also an optimist.

PN45

THE COMMISSIONER: We will work on the basis that if you can get something to me by Friday, 21 December, I can assure you it won't be issued before Christmas. I may work on the Monday, but I will get it out as soon as possible after that. January is generally pretty hopeless in terms of various people being away on leave, good luck to them. So, if you can - well, I expect advice from everyone by close of business on Friday, 21 December, in relation to both the LP Gas Industry Award 1985 and the Transport Workers' LP Gas Industry Award 1985. Hopefully, early in the new year you will get an order in relation to each of those awards. Thank you. Those matters are adjourned.

ADJOURNED INDEFINITELY [11.23am]