C2002/5387, Transcript of Proceedings [2002] AIRCTrans 4691 (22 November 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2002/5387

BARCLAY MOWLEM CONSTRUCTION LIMITED

and

CONSTRUCTION, FORESTRY, MINING
AND ENERGY UNION

Notification pursuant to section 99 of the Act
of a dispute re negotiations to renew the
company's enterprise bargaining agreement

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SYDNEY

FRIDAY, 8 NOVEMBER 2002

Hearing continuing

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PN1

THE COMMISSIONER: Well, there's accusations on both sides that neither party is bargaining in good faith. I can't determine that, but it seems to me that my experience is that there always has been a productive relationship between the company and the union and you're all going to be around beyond this year and next year and that relationship should be maintained.

PN2

I think the action which is currently taking place with a disproportionate amount of direct employees to subcontractors seems to be disproportionate to the issues remaining in dispute between you and something has got to be done quickly to nip it in the bud and to get you back around the table again to resolve any outstanding matters.

PN3

It's not within the power of the Commission to suspend the bargaining period on the information which is before it, such a course is a very serious procedural matter and it would need formal evidence. I don't think there's time for that. I think it's more important that the parties get together and to that end, I will take up the request of the company that Mr Ferguson as the secretary, senior officers of the company and the MBA meet as a matter of urgency today.

PN4

Importantly, Mr Ferguson should be involved because it's alleged that at the end of the day, he has some overriding authority to accept or reject an agreement and in those discussions which take place today, which I assume they will take place today, that all steps be taken to ensure that there is a normal resumption of work at normal starting time on Monday morning.

PN5

I will list the matter for a report back on Monday afternoon at 2 o'clock and if the Commission can do anything in the meantime to facilitate negotiations or discussions, it will be available. If there's nothing further -

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