C0081/399, Transcript of Proceedings [2001] AIRCTrans 68 (22 February 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C NO 00813 OF 1999
C NO 21995 OF 1992
C NO 03639 OF 1986
C NO 03946 OF 1984

APPLICATIONS FOR A REVIEW PURSUANT TO ITEM 51 SCHEDULE 5 TRANSITIONAL WROLA ACT 1996 OF THE OIL DRILLING RIG WORKERS' (OFFSHORE PLATFORM DRILLING RIGS) CONSOLIDATED AWARD 1991 RE CONDITIONS OF EMPLOYMENT

C NO 00814 OF 1999
C NO 20556 OF 1992
C NO 20978 OF 1996
C NO 21067 OF 1992

APPLICATIONS FOR A REVIEW PURSUANT TO ITEM 51 SCHEDULE 5 TRANSITIONAL WROLA ACT 1996 OF THE OIL DRILLING RIG WORKERS' (OFFSHORE MOBILE DRILLING RIGS) AWARD 1984 RE CONDITIONS OF EMPLOYMENT

PERTH

12.15 PM, WEDNESDAY, 7 FEBRUARY 2001

C Nos 00813 OF 1999, 21995 OF 1992, 03639 of 1986
and 03946 of 1984

PN1

THE SENIOR DEPUTY PRESIDENT: In this matter the Commission received only this morning a facsimile which reads as follows and I quote:

PN2

As discussed with you this morning and suggested to me, the above matters are listed for tomorrow at 10.30 am in Perth.

PN3

The fax continues:

PN4

Following discussions with Mr Llewellyn of the AWU, the parties would like to request an adjournment of the matter due to the unavailability of the parties. I will forward your associate final drafts of the two awards by email. Copies of these were prepared for the tendering process before you in December 2000. I believe the matters were at a stage where they can be finalised.

PN5

The matter then suggests, if need be, that we can contact Mr O'Connell. We subsequently received by email a copy of the draft award, which I propose to mark exhibit B4.

EXHIBIT #B4 DRAFT AWARD

PN6

THE SENIOR DEPUTY PRESIDENT: The course I propose to adopt is this. The Commission will peruse the award and if it is satisfied that there are no difficulties with it, it will contact the parties, advising them to confirm that they have agreed on the draft. If that confirmation is received, then the simplified award will be issued without the need for a further hearing. If the Commission finds any difficulties that can't be resolved by such communications, the matter will be called on again. Accordingly the matter will be adjourned on that basis.

C Nos 00814 OF 1999, 20556 OF 1992, 20978 OF 1996
and 21067 OF 1992 [12.16pm]

PN7

THE SENIOR DEPUTY PRESIDENT: The Commission received only this morning a copy of a facsimile which, omitting the formal parts, is addressed to me and indicates that following discussions with the Australian Workers Union, the parties request an adjournment of the matter due to their unavailability. The fax indicates that a draft award will be forwarded to the Commission and that the matter can be finalised. The Commission subsequently received this morning by email an exhibit entitled: Oil Drilling Rig Workers (Offshore Mobile Drilling Rigs) Award which I will mark exhibit B3 in this matter.

EXHIBIT #B3 OIL DRILLING RIG WORKERS (OFFSHORE MOBILE DRILLING RIGS) AWARD

PN8

THE SENIOR DEPUTY PRESIDENT: Having regard to the facsimile and to the draft received, the course I propose to adopt is this. The Commission will peruse the matter or the exhibit and if it is satisfied that there are no difficulties with it, the simplified award will be issued, subject to obtaining written confirmation from the parties that this is an agreed document, the award will be issued without the need for a further hearing. If there are any difficulties that cannot be resolved by telephone communication between the parties, the matter will be re-listed for a further hearing. The matter will be adjourned on that basis.

ADJOURNED INDEFINITELY [12.17pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #B4 DRAFT AWARD PN6
EXHIBIT #B3 OIL DRILLING RIG WORKERS (OFFSHORE MOBILE DRILLING RIGS) AWARD PN8