AG2002/5635, Transcript of Proceedings [2002] AIRCTrans 4858 (4 December 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HODDER

AG2002/5635

APPLICATION FOR CERTIFICATION OF AGREEMENT

Application under section 170LK of the Act by
Transistics Pty Ltd re the Transistics Pty Ltd
Kellog Dock Operation - Certified Agreement 2002

BRISBANE

9.53 AM, WEDNESDAY, 20 NOVEMBER 2002

PN1

THE COMMISSIONER: Could I have appearances, please.

PN2

MR O. HEATHER: If it pleases the Commission, my name is Heather, initial O., of the Queensland Chamber of Commerce and Industry Limited Industrial Organisation of Employees, appearing on behalf of Transistics Proprietary Limited, may it please the Commission.

PN3

THE COMMISSIONER: Yes, thank you.

PN4

MR A. JOSEPH: Commissioner, Joseph, initial A., for the National Union of Workers. I must say, following advice from Mr Heather, I am not sure of the status of this matter at this point in time, but it may be appropriate that I seek leave to intervene in accordance with - - -

PN5

THE COMMISSIONER: I will hear what Mr Heather has to say first before I rule on that.

PN6

MR JOSEPH: Yes, all right.

PN7

THE COMMISSIONER: Mr Heather.

PN8

MR HEATHER: Commissioner, I received instructions this morning that the applicant would like to withdraw this application to certify the agreement. They made the decision quite late last night in consultation with some legal advisers. I understand at approximately 7 o'clock they made some attempts to contact the NUW both in Sydney and in Perth in order to get Mr Joseph's contact number so that they could limit the inconvenience to which he is exposed to. Unfortunately, the attempts were not successful. Fundamentally, they would like to withdraw the application, Commissioner.

PN9

THE COMMISSIONER: Okay. Well, it's their application. Normally, once a matter is on foot before the Commission it has to be dealt with. Either it meets the statutory obligations required or it doesn't. So what I might do, Mr Heather, is adjourn this matter and consider your application for withdrawal, and I will inform you, and, as a courtesy, Mr Joseph, I will inform you, as to what the Commission decides to do with this, only as a courtesy at this stage. Do you understand why I'm saying that?

PN10

MR JOSEPH: No, no, I appreciate that, Commissioner. May I just say something further before we - - -

PN11

THE COMMISSIONER: Well, not really, because you're not before me. I don't know that you were going to be before me anyway, to be quite honest.

PN12

MR JOSEPH: Yes. I had come geared with some submissions as to a basis on which I might seek to intervene, Commissioner, but nonetheless I appreciate - - -

PN13

THE COMMISSIONER: I would have wished you luck, but that's another matter. That's why I say I will inform you as a courtesy and nothing more than that. So, Mr Heather, I will adjourn these proceedings now. I take on board your advices that the applicant seeks to withdraw the application, and subject to me being satisfied - I just want to check a couple of matters. Subject to me being satisfied, the Commission will confirm leave being granted withdraw.

PN14

MR HEATHER: Thank you, Commissioner.

PN15

THE COMMISSIONER: So on that basis I will adjourn these proceedings.

ADJOURNED INDEFINITELY [9.55am]