C2002/3280, Transcript of Proceedings [2002] AIRCTrans 2697 (16 July 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT04719

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER ROBERTS

C2002/3280

AUSTRALASIAN MEAT INDUSTRY
EMPLOYEES UNION

and

BELANDRA PTY LTD

Application under section 170LW of the Act
for settlement of dispute re the proposed
commencement of beef slaughtering operations
at Kyle Road site

MELBOURNE

10.39 AM, MONDAY, 1 JULY 2002

PN1

MR G. BIRD: I appear for the AMIEU along with MR P. DAVEY.

PN2

MR J. D'ABECO: I seek leave to appear on behalf of Belandra Pty Limited.

PN3

THE COMMISSIONER: Is there any opposition to Mr D'Abeco's appearance?

PN4

MR BIRD: We could see no reason why Mr D'Abeco should be here, why this matter will require legal counsel, sir. It is a matter that we are here to try and fix it up before lawyers get involved. Mr Orivic(?) who is an executive of this company is in the Court. He knows sufficient about this matter to be able to put the company's point of view and has done on numerous occasions in the past when we have had disputes.

PN5

THE COMMISSIONER: It does seem rather early for you, Mr D'Abeco. Perhaps you can tell me why.

PN6

MR D'ABECO: Yes, certainly. Perhaps if I could ask, Commissioner, that before you rule on the issue of leave to appear that it may be productive for the parties to move into conference because it may well be that during the course of that conference some of the underlying issues can be resolved and it is not necessary for you to rule upon the issue. I should indicate, however, sir, that on the basis of my instructions it appears that the issues which are being agitated by the applicant here are also being agitated by the applicant in the Federal Court of Australia.

PN7

My understanding is that an application in the Federal Court was issued late last week seeking interlocutory relief against Belandra Pty Limited and other parties and that that application for interlocutory relief is listed for hearing before the Federal Court on Wednesday of this week. So in those circumstances, sir, the company has taken the course of action, in my submission prudent course of action, to request legal representation at today's hearing. The primary matter I would put to you, sir, is that to ask you to defer determining the issue of leave to appear, perhaps moving into conference and seeing where we go to from there.

PN8

THE COMMISSIONER: It seems like a wise course of action to me, Mr D'Abeco. This matter is now adjourned into conference.

SHORT ADJOURNMENT [10.41am]

RESUMED [11.55am]

PN9

THE COMMISSIONER: This matter is now resumed. During the break the parties have conferred together at some length and I have had an opportunity to speak to the parties together as well and Mr D'Abeco now wishes to say something.

PN10

MR D'ABECO: Thank you, Commissioner. What has been agreed between the parties is the following. We are at a situation - we are at a point where the union has made a number of demands and those instructing me are not present so I am not in a position to say yea or nay to those demands and what will happen is that we are going to explore the possibility of the union on the one hand and representatives of Belandra on the other to see if they are prepared to meet to discuss the outstanding issues.

PN11

I should indicate that there is no certainty that that meeting will take place and the reason for that is that the union has indicated that they would wish certain pre-conditions to be satisfied before the meeting would take place and similarly I would anticipate that those representatives of Belandra would also have some pre-conditions which they would wish to be satisfied before the meeting will take place but we will see where we get to and certainly in the event that it is necessary to call the Commission there would be a liberty of either of the parties to do so.

PN12

THE COMMISSIONER: Thank you, Mr D'Abeco. Mr Bird.

PN13

MR BIRD: We agree with the summation that has just been made, sir.

PN14

THE COMMISSIONER: Mr Bird, thank you. This matter will be adjourned to a date that may be required but I have indicated to the parties that the morning of Wednesday, 10 July 2002 will be reserved for an application by the AMIEU to have this matter brought on again. We are now adjourned.

ADJOURNED ACCORDINGLY [11.57am]