C2002/1071, Transcript of Proceedings [2002] AIRCTrans 698 (5 March 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, MLC Court 15 Adelaide St BRISBANE Qld 4000
(PO Box 38 Roma St Brisbane Qld 4003) Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SPENCER

C2002/1071

THE AUSTRALIAN WORKERS UNION

and

HUME MASTERPANELS

Notification pursuant to section 99 of the Act
of a dispute re stand down of employees without pay

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

BRISBANE

TUESDAY, 19 FEBRUARY 2002

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

[4.34pm]

PN1

THE COMMISSIONER: We'll resume record taking and summarise as I see the agreed position that has been resolved before the parties to move this dispute into a discussion between the parties. This afternoon, what has occurred is that we have reached agreement that there will be a paid meeting at the workplace tomorrow morning for 15 minutes in which the delegate will be able to report to the workforce on the agreement that has been reached.

PN2

The features of that agreement are that over the next two weeks, a series of meetings will occur between the parties with the sole aim of reaching an agreed enterprise agreement that can be brought before this Commission for certification. With that aim in mind, I am directing, or recommending, that all of the parties do not take any industrial action over the next two weeks. When this strategy is implemented, I would expect that the union would today lift all bans that are currently in place, and immediately communicate that to the workforce in order that the afternoon and night shift immediately lift those bans, and that in accordance with that, that they are able to communicate the reasons for doing that to the workplace tomorrow at this paid meeting.

PN3

I would expect that no party use the events of today as a precedent in terms of the action that they have taken. I have not taken interpretation as to whether either party's action has been in breach or taken in accordance with the Workplace Relations Act (1996). I have not been asked to do that during the conciliation conference. It may be a feature of a further meeting if this conference is resumed in a situation where there is no resolution reached, but I would expect that no party uses the action taken today as a precedent that it was in line with the Industrial Relations Act.

PN4

I would also expect that a report back in terms of what has occurred, during the next two weeks occur on Tuesday, 5 March at 10 am, at which time I would be expecting to see the features of the agreed certified agreement, and that the ensuing 14 days would be used to place that agreement before the workforce. In the alternative, I would be expecting to see the reasoning and evidence of what has occurred during a reasoned and appropriate series of bargaining negotiations.

PN5

As I have said, I think the parties should give real consideration as to who is at those meetings, when those meetings occur, and where those meetings are held, in order that the parties can appropriately progress this particular enterprise agreement. I would ask that the parties place on record their agreement that that is a true and correct summary of what has been discussed during the conciliation conference, and any other features that they think appropriate.

PN6

MR SHARPE: Commissioner, we agree that is an accurate account of the agreement that has been reached between the parties throughout this conciliation. Thank you, Commissioner.

PN7

THE COMMISSIONER: Thank you.

PN8

MR KNIGHT: Yes, Commissioner, we concur the process that has been outlined gives hopefully the company and the unions and the workers the opportunity to facilitate the outcome of the EBA, and hopefully in two weeks' time we'll be here to report that the matter has been resolved. Thank you, Commissioner.

PN9

THE COMMISSIONER: Thank you.

END OF EXTRACT [4.39pm]