C2002/3702, Transcript of Proceedings [2002] AIRCTrans 3077 (9 August 2002)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N VT05088

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C2002/3702

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the
Act by M.F.Davine and Co Pty Limited for
an order to stop or prevent industrial
action

MELBOURNE

10.25 AM, FRIDAY, 26 JULY 2002

Continued from 23.7.02

PN1915

THE VICE PRESIDENT: Any changes in the appearances? No. My apologies for the delay in getting under way. This morning's hearing is to conclude the witness evidence. In essence your witness evidence, Mr Maddison. Just before we get under way, how did you get on with the WorkCover inspection?

PN1916

MR LEVIN: Yes, it is likely that we will be able to adjourn this matter this morning, your Honour. The WorkCover meeting was held with all of the people as directed. That occurred yesterday. There had been some hope that a report would come in last night but it is going to come in today. The parties, I am instructed, although I was not present, were satisfied with the general tenor of the discussions and what was agreed between the parties and that WorkSafe are likely to indicate in their report. Subject to what Mr Maddison says, if I don't have it right, that the energisation procedure is going to be undertaken consistent with that report.

PN1917

But before any final commitment to that effect can be given the ETU want to see the report to make sure it is consistent with their understanding of what it was going to be. Given that it seems appropriate to adjourn the proceedings in the hope that work will begin again.

PN1918

THE VICE PRESIDENT: Yes, well, no point in taking up Mr Mulvany's time and the time of everybody else if that is where the matter is at. But, Mr Maddison?

PN1919

MR MADDISON: Yes, your Honour. I think my friend sums up the state of play very well. Just further, we would say, that Baulderstones did at that meeting yesterday provide us with the information that we have been seeking for some period of time, that is, the kind of works that they foresee to be happening around. So, on the basis of that, and also the, sort of, broad understanding that what may be contained, without pre-empting obviously the WorkCover field report, my understanding is that the parties will be able to, pending that, get the energisation process under way.

PN1920

THE VICE PRESIDENT: Okay, well, would it suit the convenience of the parties if we adjourn now, but I retain the listing for, I think it was 1 o'clock - - -

PN1921

MR LEVIN: 1 o'clock Tuesday, I think, your Honour.

PN1922

THE VICE PRESIDENT: Yes. I will keep that for the moment until I hear from you.

PN1923

MR LEVIN: Yes.

PN1924

THE VICE PRESIDENT: But if you let me know as soon as possible because I have got a - I now have a stay application I have to fit in at some point.

PN1925

MR LEVIN: Yes, well, as soon as the report comes in Mr Maddison and I will speak, and from our instructions, then one or both of us will contact you and - - -

PN1926

THE VICE PRESIDENT: Okay.

PN1927

MR LEVIN: - - - just confirm about that. There was a separate matter that was discussed in respect of a section 99 matter and perhaps that can be discussed in conference.

PN1928

THE VICE PRESIDENT: Certainly. Do you want to do that now?

PN1929

MR LEVIN: Yes, certainly, your Honour.

PN1930

THE VICE PRESIDENT: All right, well, I will adjourn the section 127 application. I will call on the 99 and we will adjourn that into conference.

ADJOURNED INDEFINITELY [10.29am]