C2002/2704, Transcript of Proceedings [2002] AIRCTrans 2099 (11 June 2002)

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ABN 76 082 664 220

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

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HODDER

C2002/2704

APPLICATION TO STOP OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act by
Construction, Forestry, Mining and Energy Union
for an order in respect to German Creek,
Central Colliery and Southern Colliery

BRISBANE

10.00 AM, TUESDAY, 28 MAY 2002

PN1

THE COMMISSIONER: Could I have appearances, please.

PN2

MR T. CONROY: I appear on behalf of the CFMEU. With me, Commissioner, I've got MR R. BARKER.

PN3

MR M. GILLETT: I appear for and on behalf of Capricorn Coal Management Proprietary Limited. Here with me today I have MR G. SMITH.

PN4

THE COMMISSIONER: Thank you. Mr Conroy.

PN5

MR CONROY: Commissioner, since we filed this application we've had the opportunity to have some discussions with the company. Actually, we had those discussions with Mr Gillett this morning prior to this hearing. Those discussions have led to what I would call an interim arrangement that will take place whilst we endeavour to reach an agreement on the outstanding issue. So, Commissioner, if you don't mind, what I might do is just get Mr Gillett just to say a few words at this stage.

PN6

THE COMMISSIONER: Very well. Mr Gillett?

PN7

MR GILLETT: Thank you, Commissioner. Just this morning we had an opportunity to discuss the outstanding issues with respect to this application, and if I could read on to transcript I have a note that summarises the points that we've agreed to.

PN8

THE COMMISSIONER: That's fine. Yes, thank you.

PN9

MR GILLETT: And I can hand that up. It's in relation to the application for an order to stop or prevent industrial action. The first point:

PN10

The parties have been engaged in lengthy negotiations about development and implementation of a fitness-for-duty policy covering drugs and fatigue. The parties have been unable to reach an agreed position.

PN11

Point 2. Point 3:

PN12

The company proposed to implement its preferred policy on 27 May 2002.

PN13

Point 4:

PN14

The CFMEU opposed this and filed an application to the AIRC seeking orders under section 127 of the Workplace Relations Act. This matter was listed for hearing this morning.

PN15

Point 5:

PN16

The parties by consent seek further the matter to be adjourned on the following basis: the company not implement the policy other than by seven days notice to the CFMEU. The CFMEU reserves its rights to seek for its application to be relisted and the parties have further negotiations about the implementation of the policy.

PN17

And if I could hand a copy of that to the CFMEU?

PN18

THE COMMISSIONER: Yes, that will remain on the file, thank you, Mr Gillett.

PN19

MR GILLETT: Thank you.

PN20

THE COMMISSIONER: So at this stage do I take it, Mr Conroy, that the requirements of your organisation as the applicant are that the Commission adjourns this matter and gives the applicant leave to have the matter relisted. Is that the position?

PN21

MR CONROY: That's correct, Commissioner.

PN22

THE COMMISSIONER: Very well. Mr Gillett, you don't have any - you don't take any issue with that course of action?

PN23

MR CONROY: No, that's fine, Commissioner.

PN24

THE COMMISSIONER: Very well. On those grounds, then, having heard what the parties have had to say and being made aware of an interim arrangement which the parties have indicated is their preferred position at this point in time, the Commission adjourns these proceedings. However, I will give the applicant, or for that matter the respondent, leave to have this matter relisted if that becomes further necessary. On that basis I shall adjourn these proceedings.

ADJOURNED INDEFINITELY [10.03am]