C2002/1804, Transcript of Proceedings [2002] AIRCTrans 2020 (5 June 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2002/1804

APPLICATION FOR SEVERANCE ALLOWANCE
OR SEPARATION BENEFITS

Application under section 170FB of the Act
by AFMEPKIU re severance allowance or separation
benefits in relation to Waycon Services Pty Ltd,
Advantage Personnel Pty Limited, Manpower Services
(Australia) Pty Ltd, Labour Co-op Office Tech, Anka
Steel and Varley Services Pty Limited at the ADI Limited
Minehunter Project

SYDNEY

2.30 PM, WEDNESDAY, 22 MAY 2002

Continued from 2.5.02

Hearing Continuing

PN47

THE SENIOR DEPUTY PRESIDENT: This matter is listed for further mention today. First of all I see there is a new face at the bar table, perhaps I'd better take amended appearances.

PN48

MR M. MOIR: If the Commission pleases, I appear for the Australian Industry Group on behalf of the companies which were mentioned on the previous occasion.

PN49

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Moir. Mr Terzic, I see you're still the same and perhaps you would like to fill me on what's happened.

PN50

MR TERZIC: Yes, your Honour. As was raised at the last hearing that there was a meeting that took place a little while ago between the parties and at the meeting there was a free and frank discussion of the nature and objective of our claim and also enough information was given to among others, Mr Leaver, for them to cost the claim and then give consideration as to how they might deal with it.

PN51

It is my view that the respondents to the application received the information we gave them and they have gone off to consider what's been put to them but at this juncture perhaps the prudent course would be simply to request another report back a little while down the track and allow the discussions to continue. We would like to have another report back when it is convenient to your Honour when your Honour is next in Sydney on other business and you can spare yourself a quarter an hour or so, whether that be in the early morning or late afternoon and just to keep things going.

PN52

THE SENIOR DEPUTY PRESIDENT: Yes, well we might discuss that the date a bit later on if that's your request, Mr Terzic, but roughly what time frame in the sense of how long do you think was appropriate.

PN53

MR TERZIC: Your Honour, I would suggest probably a month would be satisfactory to allow the parties to come to the considered view on they will deal with this.

PN54

THE SENIOR DEPUTY PRESIDENT: Mr Moir?

PN55

MR MOIR: Thank you, your Honour. I would just support what Mr Terzic has said, there have been discussions held already between parties and so far they have proven fruitful and those discussions will continue immediately after we report back today and there are of course a whole range of issues which this application which is quite a novel application raises and the parties are endeavouring to work through all of that and we would support the proposal for a report back in a month's time or so. If the Commission, pleases.

PN56

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Leaver, is there anything you wish to ask?

PN57

MR LEAVER: Your Honour, I think Mr Terzic and Mr Moir have summed it up and at the meeting the AMWU put a position to the company, while ADI sort of expressed its view on the threshold issues that Ms Banner raises, if I could put it a pragmatic approach was offered from the union which we're still considering. So I would support for report back in a month to report back to the Commission at that time.

PN58

THE SENIOR DEPUTY PRESIDENT: Thank you, well we'll go of the record for a minute and see if we can find a convenient date.

OFF THE RECORD [2.33pm]

RESUMES [2.34pm]

PN59

THE SENIOR DEPUTY PRESIDENT: I will list the matter for a further mention and report at 11.30 am on Wednesday, 10 July 2002, in Sydney.

ADJOURNED UNTIL WEDNESDAY, 10 JULY 2002 [2.35pm]