C2002/5698, Transcript of Proceedings [2003] AIRCTrans 1079 (26 March 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT1959

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

C2002/5698

AUTOMOTIVE, FOOD, METALS,
ENGINEERING PRINTING AND
KINDRED INDUSTRIES UNION

and

BHP WESTERNPORT

Notification pursuant to section 99 of the Act
of a dispute re removal of allowances contrary
to the EBA, proposed outsourcing of the mobile
plant department and unjustified warnings to
all AMWU and ETU Shop Stewards

MELBOURNE

9.38 AM, WEDNESDAY, 12 MARCH 2003

Continued from 3.3.03

PN571

THE SENIOR DEPUTY PRESIDENT: Are there any change in appearances? No? Who is going to report back? Mr Amendola?

PN572

MR AMENDOLA: If the Commission pleases, following directions you gave last Monday the company provided its business case to both unions by - on 5 March 2003 and that consisted of a fairly bulky document under the cover of a letter. A copy of that document was also provided to the Commission. Moreover, your Honour, on Friday a further page was provided that had inadvertently been left out of the document and that was also provided on the Friday to yourself and the two unions, so in terms of the direction, my client has complied with that direction as best as it could and we are really in a sense awaiting the union response.

PN573

THE SENIOR DEPUTY PRESIDENT: Mr Addison?

PN574

MR ADDISON: Yes, thanks, your Honour. Your Honour, I confirm that the document has been received. The document raises more questions than it answers I think to some extent. Certainly the unions were interested in benchmarking information and there are only two slides of benchmarking, neither of which I understand I have got to say. We think that we need a bit more time to analyse what we have got. Maybe we are missing something, and we would seek a meeting with the company for clarification of the documents early next week.

PN575

Your Honour, it may be more appropriate to go into conference with regard to where we are at this morning and then take it from there.

PN576

THE SENIOR DEPUTY PRESIDENT: Mr Hayes, anything you wish to add?

PN577

MR HAYES: Nothing more, your Honour, other than just to say that, yes, it is a pretty detailed document and 100 pages. It is fairly significant to get through and a lot of the - there seems to be overhead slides as you could probably see, but there seems to be nothing attached to them that explains what they mean. Really, I mean that is probably part of a jigsaw at the moment from our perspective, that is how we seem to be able to concur. If the Commission pleases.

PN578

THE SENIOR DEPUTY PRESIDENT: Okay. Mr Amendola, do you have any objection to adjourning into conference?

PN579

MR AMENDOLA: No, your Honour.

PN580

THE SENIOR DEPUTY PRESIDENT: I will adjourn into conference.

NO FURTHER PROCEEDINGS RECORDED