C2001/2067, Transcript of Proceedings [2001] AIRCTrans 861 (14 May 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

C2001/2067

BRAMBLES AUSTRALIA LIMITED
trading as CHEP AUSTRALIA

and

NATIONAL UNION OF WORKERS

Notification pursuant to Section 99 of the Act
of a dispute re industrial action at Lidcombe depot

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

SYDNEY

THURSDAY, 26 APRIL 2001

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [2.45pm]

PN1

THE SENIOR DEPUTY PRESIDENT: I am satisfied that there is no current industrial action being taken by members of the NUW at the Lidcombe works of CHEP Australia at the present time. Nevertheless it is appropriate that the Commission draw the attention of the parties to two matters. The first that industrial action taken while an agreement is current is not protected action and can be prosecuted in various ways. The second is that the agreement provides a dispute settling procedure which the parties are encouraged to use unless they have already undertaken to do that in the event that any other local dispute arises pending the negotiations outcome for a new Enterprise Agreement.

PN2

I note that this current agreement reaches its nominal right on 24 May when the situation will change. In the meantime I would recommend that the parties continue their negotiations as they have indicated in conference they're doing. Finally that prior to 24 May management takes no provocative action which places a strain on the arrangements that are currently in place. I adjourn the matter indefinitely with liberty to apply. I adjourn the Commission indefinitely.

END OF EXTRACT [2.47pm]