C2002/1979, Transcript of Proceedings [2002] AIRCTrans 1581 (10 May 2002)

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Level 10, MLC Court 15 Adelaide St BRISBANE Qld 4000
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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HODDER

C2002/1979

P & O PORTS LIMITED

and

THE MARITIME UNION OF AUSTRALIA

Notification pursuant to Section 99 of the Act
of a dispute re performance of work by
employees on public holidays

BRISBANE

2.00 PM, FRIDAY, 26 APRIL 2002

PN1

THE COMMISSIONER: Could I have appearances, please?

PN2

MS G.B. DANN: Commissioner, my name is Dann, initials G.B. solicitor with Freehills. I seek leave to appear on behalf of P & O Ports?

PN3

THE COMMISSIONER: Thank you. I will deal with that application shortly, thank you, Ms Dann.

PN4

MS DANN: Thank you. And I should indicate, Commissioner, you have been delayed at my request to speak to the members from the union and I just wanted to indicate that it was from my side.

PN5

THE COMMISSIONER: That's okay.

PN6

MR M. CARR: Commissioner, my name is Carr, initial M. and I appear on behalf of the Maritime Union of Australia, Southern Queensland Branch, and with me is MR T. MUNDAY.

PN7

THE COMMISSIONER: Now, Mr Carr, do you have any objection to leave being granted to Ms Dann?

PN8

MR CARR: No, I don't, Commissioner.

PN9

THE COMMISSIONER: Very well, leave is granted, Ms Dann. Ms Dann, could you just give me a thumbnail sketch of where we're at?

PN10

MS DANN: Thank you, Commissioner, yes. It's our notification, Commissioner. I've handed up to you the two agreements and the award which outline - - -

PN11

THE COMMISSIONER: Yes, I note that, thank you.

PN12

MS DANN: What I would be asking, Commissioner, is if we could, in fact, go into conference straightaway.

PN13

THE COMMISSIONER: Yes.

PN14

MS DANN: We have had some discussions in the last 20 minutes or so and I think, certainly from P & Os side, it would be useful to have the benefit of continuing those discussions.

PN15

THE COMMISSIONER: Okay. Mr Carr?

PN16

MR CARR: I've no objection to that, Commissioner.

PN17

THE COMMISSIONER: Very well, we will adjourn into private conference.

OFF THE RECORD [2.05pm]Y

RESUMED [2.30pm]

PN18

THE COMMISSIONER: The parties have met in private conference under the Chairmanship of the Commission and the situation has advanced to a stage where the applicant in this matter seeks an undertaking from the union, and in particular in the guise of Mr Carr or his nominee, to attend the Fisherman Island and any other appropriate facility of P & O associated with this notification for the purpose of informing casual employees who will be engaged at that time that their ability and capacity to offer for work on Labour Day 2002 will not be of an order where it would be appropriate for any other employee or for that matter any other person to cast aspersions upon such person in the guise of - in a backhanded and underhanded manner describing such persons as scabs. Now, Mr Carr, are you able to respond in the way that the company seeks that assistance?

PN19

MR CARR: Commissioner, we can, as pointed out in - off the record, that the union has been on the job earlier this week, as we have in the past, answering questions about the enterprise agreement and particularly questions about non-permanents about working on volunteer days. We don't have any difficulty in again going down to the job over the weekend if that's when the casuals will be gathered in some numbers and putting any fears they may have to rest in so much as the agreement spells out and that they can go to work quite comfortable in the fact that the agreement spells out that they may volunteer on those closed port days or volunteer days.

PN20

THE COMMISSIONER: Very well. Ms Dann, would that suit your purposes for now?

PN21

MS DANN: Thank you, Commissioner.

PN22

THE COMMISSIONER: Very well. The Commission will adjourn these proceedings on the basis of that undertaking and will provide for a report-back of the parties at 10.30 am on 2 May 2002. On that basis I shall adjourn these proceedings.

ADJOURNED UNTIL THURSDAY, 2 MAY 2002 [2.35pm]