C2002/3183, Transcript of Proceedings [2002] AIRCTrans 2578 (11 July 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER REDMOND

C2002/3183

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the
Act by the Australian Liquor, Hospitality
and Miscellaneous Workers Union for an order
to stop or prevent industrial action

SYDNEY

2.55 PM, MONDAY, 24 JUNE 2002

Adjourned sine die

PN1

MR M. WARBURTON: If it please the Commission, I appear on behalf of the ALHMWU in this matter. Appearing with me is Ms K. KEYS and MR T. DE COSTA.

PN2

MR B. BELLING: I'm a solicitor, with your leave. And with me is MR J. HORAN from the company and MR FITZGERALD from my office.

PN3

THE COMMISSIONER: Thank you. Yes, Mr Warburton.

PN4

MR WARBURTON: Yes, Commissioner, first of all I'd like to apologise for the delay in the hearing today, but it was in an effort to actually avoid having to have a formal hearing today, and I think we've actually achieved that. So I might just outline on the record certain undertakings given by the employer which has resulted in the union taking the position that we'll hold our application in abeyance until such time as further circumstances, if you like, play themselves out. The undertaking given by the employer, as I understand it, and my friend will confirm or clarify this, is that in relation to Mr Tucker, at least, no further action will be taken until such time as he has received specific allegations put to him, and he is able, or given an opportunity to respond to those specific allegations in an interview with the employer, attended by his union representatives if so requested.

PN5

In relation to Ms Essen and Mr Stephens, they have had specific allegations put to them today. They will now be given a short period of time to consider those allegations, and no further action will be taken against them until such time as there is a further interview again with management, where they will be given the opportunity to respond to those specific allegations, again in the presence of their union representatives if requested. That's my understanding, Commissioner, of the undertakings given. And on that basis we're prepared, as I indicated, to hold our application in abeyance for the time being.

PN6

THE COMMISSIONER: Yes, thank you, Mr Warburton. Mr Belling.

PN7

MR BELLING: Commissioner, that's a fair rendition of the undertakings.

PN8

THE COMMISSIONER: Yes. All right. Then with those undertakings, an application to adjourn these proceedings and not proceed on with them today, I propose to do that and adjourn the matters.

ADJOURNED INDEFINITELY [3.00pm]