C2002/4769, Transcript of Proceedings [2002] AIRCTrans 4061 (11 October 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 VT186

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT HAMILTON

C2002/4769

CLASSIC RESOURCES PTY LIMITED

and

CONSTRUCTION, FORESTRY, MINING AND
ENERGY UNION - CONSTRUCTION AND GENERAL
DIVISION, VICTORIAN BRANCH

Notification pursuant to Section 99 of the Act
of a dispute re the forms of bans on all shopfitting
work

MELBOURNE

12.07 PM, FRIDAY, 27 SEPTEMBER 2002

PN1

THE DEPUTY PRESIDENT: As I understand it, the parties have now reached agreement after a conference. Could someone provide a report on the contents or where we have got to?

PN2

MS ATTWOOD: Yes, I will, your Honour.

PN3

THE DEPUTY PRESIDENT: Very briefly.

PN4

MS ATTWOOD: It is our understanding that the CFMEU require Classic Resources to produce by close of business next Tuesday the rates that are being paid at Chadstone for the last six months. Notwithstanding our understanding that there has been discussion about that job and those rates previously, they - - -

PN5

THE DEPUTY PRESIDENT: This is an agreed position, is it?

PN6

MS ATTWOOD: No, this is an understanding that there have been discussions about it but we will produce that documentation again.

PN7

THE DEPUTY PRESIDENT: Right.

PN8

MS ATTWOOD: What we would expect though that is, there is a commitment from the CFMEU that all industrial bans, limitations that are upon Classic Resources on any site be removed and remain removed while that process is undertaken.

PN9

THE DEPUTY PRESIDENT: Thank you very much. Mr Wainwright.

PN10

MR WAINWRIGHT: Thank you, your Honour. What I can say to you is that the demand that the CFMEU has on the company is that the company adheres to its enterprise agreements. We have a concern about rates of pay and we want to pursue that concern by using the rates of pay at Chadstone Shopping Centre work that have been paid over the last six months as an exemplar of what is perhaps a broader problem. So we are quite happy that the company has agreed to provide us with that documentation and we will work through the process with them.

PN11

With regard to industrial action, your Honour, the CFMEU denies it has engaged in any industrial action. We see no reason why the company cannot go about its work.

PN12

THE DEPUTY PRESIDENT: Right. Just to clarify, I understood - that is fine. So the essential elements, as I understand it, of the agreement between the parties are as follows - and, please, if I am wrong, please correct me. First of all, the company will provide the information on rates of pay paid at Chadstone for the last six months by next Tuesday afternoon and will attend a meeting at CFMEU offices. Secondly, the CFMEU will not engage in any industrial action in relation to any of these issues while this process of discussion is taking place. Is that correct or not? Say yes or no.

PN13

MS ATTWOOD: Well, I will say yes or no, but I will also add to that. Yes, we will produce that documentation - - -

PN14

THE DEPUTY PRESIDENT: No, let me - - -

PN15

MS ATTWOOD: However, not necessarily attend the meeting.

PN16

THE DEPUTY PRESIDENT: Why not?

PN17

MS ATTWOOD: Because we believe the documentation can be produced. For the reasons that we spoke about earlier, there is a problem in actually attending the meeting.

PN18

THE DEPUTY PRESIDENT: Oh, is there?

PN19

MS ATTWOOD: But the documentation can be produced.

PN20

THE DEPUTY PRESIDENT: Because of annual leave and the like?

PN21

MS ATTWOOD: Yes.

PN22

THE DEPUTY PRESIDENT: Yes, all right.

PN23

MS ATTWOOD: For the same reason that we don't have Mr Watts here today.

PN24

THE DEPUTY PRESIDENT: All right. But, nevertheless, you will make all reasonable endeavours to co-operate in a process of discussions, won't you?

PN25

MS ATTWOOD: Yes, we will.

PN26

THE DEPUTY PRESIDENT: All right.

PN27

MS ATTWOOD: We would seek though a commitment from the CFMEU - - -

PN28

THE DEPUTY PRESIDENT: Just - look, sit down. Mr Wainwright, you heard my summary of the situation.

PN29

MR WAINWRIGHT: Yes. It is not our intention now, nor has it been our intention in the last period, to engage in industrial action. So I am quite comfortable saying that to you. Our concern with the company over the rates of pay - - -

PN30

THE DEPUTY PRESIDENT: Yes.

PN31

MR WAINWRIGHT: - - - they have undertaken to address that concern. We are happy.

PN32

THE DEPUTY PRESIDENT: Yes, and my summary of the situation was correct, was it, or not?

PN33

MR WAINWRIGHT: We have no planned industrial action against this company.

PN34

THE DEPUTY PRESIDENT: Right. Thank you very much. I think probably - I think that is about as far as we are going to get today. If anybody has any better idea, please speak now or hold your peace. I honestly don't think we are going to make much more progress today. I might be wrong but does anybody wish to say anything further? I say that with some trepidation.

PN35

MR LANGE: Could I suggest one way which we could all get out of here right now and leave the situation for discussions between the parties - - -

PN36

MR WAINWRIGHT: Well, your Honour, I do need to interrupt. This gentleman has not sought leave to appear.

PN37

THE DEPUTY PRESIDENT: Yes.

PN38

MR WAINWRIGHT: If he did seek leave to appear, we would be objecting to that.

PN39

MS ATTWOOD: All right. I will report on what Mr Lange was going to say, and that is that to allow us to leave here today with those commitments, what we would also seek is a report back before yourself.

PN40

THE DEPUTY PRESIDENT: That is fine.

PN41

MS ATTWOOD: And next week obviously we would be looking for.

PN42

THE DEPUTY PRESIDENT: All right. Just bear with me for a minute while I check my diary.

PN43

MS ATTWOOD: Yes, and obviously after Tuesday.

PN44

THE DEPUTY PRESIDENT: Of course, of course.

PN45

MS ATTWOOD: Preferably towards the end of the week.

PN46

THE DEPUTY PRESIDENT: What is the date today again?

PN47

MR WAINWRIGHT: The 27th.

PN48

THE DEPUTY PRESIDENT: Wonderful, I do have a - - -

PN49

MR WAINWRIGHT: Thursday is a good day for us, your Honour.

PN50

THE DEPUTY PRESIDENT: Yes, Thursday afternoon, 2.15?

PN51

MS ATTWOOD: That is fine.

PN52

THE DEPUTY PRESIDENT: All right. So Thursday, 3 October, at 2.15 we will have a report back in this matter. I think we have made as much progress as we can today which is, and again I will say it, that the process of consultation of the rates are going on. The company will use its best endeavours and will provide documentation. On the other hand, the CFMEU has indicated quite clearly that they have no intention of taking industrial action. I think that is as far as we can go. I expect both sides to adhere to the indications they have given to me. If they do not, obviously - well, I expect both sides to adhere to the indications they have given to me. Please try and make this process work. That requires the co-operation of both sides, and I would like to stress that. And if I hear about any lack of co-operation, I will have some words to say about it. All right. Thank you very much. This matter stands adjourned.

ADJOURNED UNTIL THURSDAY, 3 OCTOBER 2002 [12.14pm]