C2001/101, Transcript of Proceedings [2001] AIRCTrans 42 (21 February 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
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TRANSCRIPT OF PROCEEDINGS


O/N 5842

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LEWIN

C2001/101
C NO 39987 OF 2000
C NO 39988 OF 2000

THE AUSTRALIAN WORKERS' UNION

AND

QENOS PTY LTD

NOTIFICATIONS PURSUANT TO SECTION WR 99 OF
THE ACT RE STAND DOWNS - THAT THERE BE NO
FORCED REDUNDANCIES OF EMPLOYEES AND ANY REDUNDANCIES BE VOLUNTARY

APPLICATION FOR EMPLOYMENT
TERMINATION ORDERS

APPLICATION PURSUANT TO SECTION 170FB
BY THE AWU FOR AN ORDER RE TERMINATION
OF EMPLOYEES AT QENOS PTY LTD

MELBOURNE

9.40 AM, 5 FEBRUARY 2001

CONTINUED FROM 15.1.01

PN47

THE COMMISSIONER: Good morning. Sorry for the late start. What I intend to do is simply issue a statement and a recommendation in this matter. I have received two files which are applications for certifications pursuant to section 166A of the Act. They have not been listed this morning. I simply note that they have been allocated to me.

PN48

Having regard to the provisions of the Act, I also note that the statement of recommendation which will shortly be published is made pursuant to the Commission's conciliation powers under the Act. The parties will all understand the relevance of that, if they reflect on it, in due course. So what I propose to do is simply to distribute the statement of recommendation that I publish.

PN49

My intention listing the matter this morning was really to facilitate the presence of all of the parties at the same place at the same time at the point at which the statement of recommendation was issued because I understand that, having regard to the history of the dispute, the possibility of the parties actually doing that, independent of the Commission's proceedings, was questionable. And having regard to the terms of the recommendation and in particular what the parties will see in paragraph one of the recommendation, I think for the possibility of a settlement to arise from the making of the recommendation, it was necessary for the parties, really, to be present in the same place at the same time.

PN50

So listing the matter this morning was not to hear or determine anything, but rather simply to facilitate the consideration and operation of the recommendation, if possible. So I will now simply distribute the statement of recommendation and if there is any need to contact me, what I can tell you is that unfortunately, as things stand in the list today, I have only another 15 or 20 minutes that I can devote to this matter. So unless there is something the parties want to put to me, I intend to adjourn after publishing my statement of recommendation.

PN51

MR LYONS: If I could, your Honour, just to raise, in respect of the notice of intention to take action in tort with which the union was served late on Friday, the union would seek to make submissions in relation to that if the Commission proposed to issue its certificates, so I just wanted to place on the record that - - -

PN52

THE COMMISSIONER: Yes. I understand that.

PN53

MR LYONS: - - - regardless of the contents of the recommendation, we have extensive submissions to make in relation to that issue.

PN54

THE COMMISSIONER: Yes. I appreciate that may well be the case. That is why I said the matter is not formally listed this morning but rest assured that I would not issue any certificate in this matter unless I provided the parties with appropriate opportunity to address me on one, whether or not a certificate can or should issue and two, if so, what its contents should be.

PN55

MR LYONS: Thank you, sir.

PN56

THE COMMISSIONER: Thank you. Please publish this statement of recommendation. I will adjourn the proceedings for the time being. Thank you.

ADJOURNED INDEFINITELY [9.44am]