C2003/412, Transcript of Proceedings [2003] AIRCTrans 1243 (7 April 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

C2003/412

COMMUNICATIONS, ELECTRICAL, ELECTRONIC,
ENERGY, INFORMATION, POSTAL, PLUMBING AND
ALLIED SERVICES UNION OF AUSTRALIA

and

E WIRE PTY LIMITED

Notification pursuant to section 99 of the Act
of an industrial dispute

ADELAIDE

10.50 AM, FRIDAY, 21 MARCH 2003

PN1

THE SENIOR DEPUTY PRESIDENT: May I have some appearances, please?

PN2

MR W. DEAKIN: I appear on behalf of the CEPU Electrical Division.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Deakin.

PN4

MR B. DUGGAN: I appear on behalf of the respondent with MR L. MOORE from NECA. I seek leave to appear.

PN5

THE SENIOR DEPUTY PRESIDENT: Mr Deakin, is Mr Duggan's application for leave opposed?

PN6

MR DEAKIN: Yes, sir.

PN7

THE SENIOR DEPUTY PRESIDENT: Very well, Mr Duggan, you are going to need to explain to me why it is - - -

PN8

MR DEAKIN: Sorry, sir, I beg your pardon, I - no, it is okay for - - -

PN9

THE SENIOR DEPUTY PRESIDENT: I see, thank you. On that basis I grant leave, Mr Duggan.

PN10

MR DUGGAN: Thank you, sir.

PN11

THE SENIOR DEPUTY PRESIDENT: Mr Deakin.

PN12

MR DEAKIN: I apologise to the Commission, having gone through the last 3 or 4 days of the issues of jurisdiction with the office and myself and going through the argument this morning in a previous hearing, I do not believe that the matter that will be placed in front of you this morning would come under the jurisdiction of the Commission. I think that I would withdraw the application and I will serve it in the Industrial Courts. If the Commissioner pleases.

PN13

THE SENIOR DEPUTY PRESIDENT: Very well.

PN14

MR DUGGAN: Commissioner, that withdrawal is by consent.

PN15

THE SENIOR DEPUTY PRESIDENT: Thank you. I note that the application has been withdrawn and close the file accordingly.

PN16

MR DEAKIN: Thank you, sir.

PN17

THE SENIOR DEPUTY PRESIDENT: I adjourn the matter, thank you.

ADJOURNED INDEFINITELY [10.51am]