C2003/58, Transcript of Proceedings [2003] AIRCTrans 1361 (15 April 2003)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N WT0115
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C2003/58

THE AUSTRALIAN WORKERS' UNION
- WEST AUSTRALIA BRANCH

and

AUSTRALASIAN CORRECTIONAL
MANAGEMENT PORT HEDLAND DETENTION
CENTRE

Notification pursuant to section 99 of the Act
of a dispute re alleged safety concerns within
the Port Hedland Detention Centre

PERTH

10.09 AM, FRIDAY, 28 MARCH 2003

THIS HEARING WAS CONDUCTED BY TELEPHONE LINK

PN1

MR T. DALY: I appear on behalf of the Australian Workers Union.

PN2

MS. S. LINES: I appear on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union.

PN3

MR I. DOUGLAS: I seek leave to appear for ACM.

PN4

THE SENIOR DEPUTY PRESIDENT: Is there any objection?

PN5

MR DALY: No.

PN6

MS LINES: No.

PN7

THE SENIOR DEPUTY PRESIDENT: Leave is granted.

PN8

MR DOUGLAS: Your Honour, this is a notification by AWU under section 99 of the Act. Your Honour, the Commission has a responsibility under section 101(1) of the Act to determine whether or not the notification is one with respect to an actual dispute in terms of the definition in section 4 of the Act. Your Honour, it is our submission, briefly put, which I can expand on if need be, that not only does the AWU not have standing to bring forward a notification with respect to a dispute with ACM under section 99(1) of the Act, it cannot ever be in a position, having in mind the terms of its rule of eligibility and its description of industry rule - in a position where it can be a party to an interstate industrial dispute with ACM with respect to detention centre officers.

PN9

In addition to that, your Honour, it is clear on the face of the document which purports to be a notification under section 99(1) that any issues that exist at Port Hedland as between ACM and its employees are confined to the State of Western Australia and, therefore, even if the AWU had the capacity to represent the industrial interests of detention officers at Port Hedland, this notification could not result in a finding of an interstate industrial dispute. And, therefore, your Honour, there is nothing before the Commission upon which it can proceed. Your Honour no doubt has noticed the last sentence in the notification reads as follows:

PN10

The Commission is asked to deal with this matter on the basis of an earlier finding of dispute in matter C number 207 of 2002.

PN11

That matter, of course, your Honour, was the subject of a decision by your Honour last year in terms of a dispute finding and subsequently that decision was appealed by ACM. When the appeal proceeding came on before the Full Bench of the Commission, I think just shortly before Christmas, a suggestion came from the presiding judge very early in the proceedings as to whether or not ACM had given consideration to seeking a revocation of the dispute finding made by your Honour pursuant to section 101(1).

PN12

THE SENIOR DEPUTY PRESIDENT: And I can indicate that I have received an application to revoke that finding of dispute.

PN13

MR DOUGLAS: Yes, your Honour. And that suggestion was made in circumstances where the Full Bench was aware of the nature of the argument that was to be put on the appeal by reason of an outline of submissions that had been provided to the Full Bench. ACM adopted that course as being appropriate, your Honour. The position with respect to that dispute finding is precisely the same as the position that I have outlined with respect to the current finding. As to the standing of the AWU where it is non-standing in terms of it not having the ability to represent the industrial interests of detention officers and the fact that that dispute, if it was a dispute, was confined to the State of Western Australia.

PN14

Your Honour, we would be seriously disadvantaged if the Commission were to proceed in the circumstances that I have just outlined, on the basis of the finding that was made last year, in the light of what I have just - - -

PN15

MR ASPLIN: Excuse me, Senior Deputy President Lacy. It is Paul Asplin here from Port Hedland.

PN16

THE SENIOR DEPUTY PRESIDENT: Mr Asplin, I am listening to a submission at the present time from Mr Douglas.

PN17

MR ASPLIN: Okay, sir. I apologise. It is just that it is extremely difficult to hear.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes.

PN19

MR DOUGLAS: Now, having said all of that, your Honour, I think Mr Nolan, representing the Miscellaneous Workers Union, in the appeal proceedings, on my recollection, indicated to the Bench that there was a capacity in your Honour, that is to say, in the Commission, to deal with safety issues that might arise from time to time with respect to Port Hedland and other detention centres as between ACM and the Miscellaneous Workers Union by reason of the industrial dispute that the Miscellaneous Workers Union created some years ago and which is the foundation of the dispute to the award. It applies as between ACM and the Miscellaneous Workers Union with respect to detention centres.

PN20

That award, your Honour, has been partly simplified by his Honour, Senior Deputy President Kaufman. We are in a position, your Honour, where I don't take issue with the proposition put by Mr Nolan to the Full Bench in terms of, your Honour, in your Honour's capacity to deal with safety issues that might arise at Port Hedland as between ACM and the Liquor Trades Union or the Miscellaneous Workers Union. Therefore, your Honour, could I indicate to your Honour that agreement has been reached between ACM and the Miscellaneous Workers Union to the effect that a meeting will occur next Tuesday in Sydney at the highest level. That meeting will address the issues that were outlined before your Honour in Melbourne the other day.

PN21

And I think those issues, briefly, relate to the joint consultative committee; staffing levels; fire training; escorts; the question of beds being broken to create weapons; container of soda ash; the availability of non-availability of turpentine; use of mobile phones; the risk assessment of detainees; and the question of asbestos. All of those matters are other matters, your Honour, particularly having - - -

PN22

THE SENIOR DEPUTY PRESIDENT: Sorry, did you say escorts?

PN23

MR DOUGLAS: Escorts, yes.

PN24

THE SENIOR DEPUTY PRESIDENT: Yes.

PN25

MR DOUGLAS: All of the matters that were raised before your Honour the other day.

PN26

THE SENIOR DEPUTY PRESIDENT: Yes.

PN27

MR DOUGLAS: Those matters are other matters arising from the wider issue involving the hand-over of detention centre operations to Group 4 will be the subject of discussion between the ACM and the Miscellaneous Workers Union at this high level meeting in Sydney on Tuesday. Now, I would also advise your Honour that a new HR Manager has been appointed for Port Hedland. He is newly engaged by ACM. The previous HR Manager has gone to Queensland to the Arthur Gorrie Correctional Centre. The new HR Manager will attend the meeting in Sydney on Tuesday and he will go to Port Hedland on Wednesday to give effect to what I anticipated an agreed position that will be reached between the Miscellaneous Workers Union and ACM at the meeting in Sydney.

PN28

Could I also say this, your Honour. In relation to those various issues that have been raised, that we have had difficulty in holding some joint consultative committee meetings because of an apparent unwillingness of some employees to be involved. A process was implemented whereby JC meetings would occur on the first Thursday of each month. And the next meeting is scheduled for Thursday 3 April.

PN29

THE SENIOR DEPUTY PRESIDENT: Sorry, there was an agreed position that meetings would be held on Thursday of each - - -

PN30

MR DOUGLAS: I am sorry. The proposal on Tuesday, the meeting, will be that this process will be introduced to overcome difficulties with the Joint Consultative meeting.

PN31

THE SENIOR DEPUTY PRESIDENT: Yes. So, which day was it? The first Thursday in each month was it?

PN32

MR DOUGLAS: The first Thursday in each month. And the proposal is that the next one will occur on Thursday 3 April which, I think, is next Thursday.

PN33

THE SENIOR DEPUTY PRESIDENT: Yes.

PN34

MR DOUGLAS: There have been some difficulty in maintaining staffing levels. There was one day in March, your Honour, when the centre had four detainees above the 150 and there were five other single days when they were one or two above the level of 150. The number of detainees at the moment is 145. Breathing - - -

PN35

THE SENIOR DEPUTY PRESIDENT: And I think it was said in the last hearing by your instructor that there was some difficulty in getting casuals on the occasions that it did go above 150.

PN36

MR DOUGLAS: Yes, there is, your Honour. And that is in some way - may well be exacerbated by the fact that there is going to be a change-over in operations some time during this year. Earlier than later, one imagines. Forty officers have received breathing apparatus refresher training. That occurred in February. A full evacuation exercise was carried out in November. And another one is scheduled for early April. That is in relation to fire training. Escorts have been done in accordance with the risk management risk assessment model developed prior to Christmas. The risk assessment protocol was tabled at the JCC several months ago. Your Honour, I am aware that there is right at this moment a difficulty with escorts because of the lack of personnel.

PN37

That will be a matter that will be addressed with some degree of urgency following this hearing today. And I will take that up with senior management in Sydney. As to beds being broken up and used as weapons, your Honour, ACMs position is that this has not occurred. There have been no incident reports. An instruction has been issued that when double beds are made into single beds, the maintenance person must carry out that change. A 20 litre soda ash container was found and has been secured and appropriately stored. Turpentine was bought for one detainees who preferred to use oil base paint in his craft activities. An instruction has been issued that all paint must be water based.

PN38

A mobile phone and charger was found as a result of ACM utilising a mobile phone detector. The Operations Manager, Intelligent Manager and a detention officer regularly review the risk assessment of each individual detainee. Asbestos is being removed in accordance with the appropriate procedure. Building 1 was recently demolished and the Centre Manager has a certificate that says building 1 was free of asbestos. Your Honour, can I read to you from an e-mail from DIMIA with respect to asbestos. And this e-mail concludes by saying:

PN39

You can use anything out of the above if you need to provide any info. to your officers.

PN40

And it is directed to the Port Hedland Detention Centre Manager:

PN41

The response earlier this year to reports that there could have been as asbestos related hazard were as follows by DIMIA ...(reads)... A to K contain no asbestos. The asbestos is in a stable form and does not present a significant hazard to the occupants of the centre.

PN42

Now, that has come from the Government representative to the Manager of Port Hedland. Now - - -

PN43

THE SENIOR DEPUTY PRESIDENT: Do you have a copy available that I could put on the file, Mr Douglas?

PN44

MR DOUGLAS: Yes, your Honour, I could provide that copy to you.

PN45

MS LINES: We have a copy, sir.

PN46

MR DOUGLAS: Maybe your Associate could have it photocopied so that the Miscellaneous Workers Union has a copy.

PN47

THE SENIOR DEPUTY PRESIDENT: Yes.

EXHIBIT #ACM1 E-MAIL FROM DIMIA TO PORT HEDLAND

PN48

MR DOUGLAS: Thank you, your Honour. Now, your Honour, to repeat, and I mean, this was said by Mr Sarong the other day and it has been said many times before by me. We will not be involved in dialogue with the AWU about these issues for the reasons that I have put, your Honour. We have no objection to the AWU as a registered organisation in this country. If it had the appropriate eligibility, then we would deal with it. Simply put, it doesn't have the eligibility and, therefore, we cannot compromise our position or be involved in proceedings before this Commission which thereby lack jurisdiction, by entertaining the AWU in circumstances where it cannot be entertained.

PN49

Your Honour, that is a simple fact of life. This Commission can only do things lawfully when it acts within its jurisdiction. And as your Honour said in your decision with respect to the bargaining notice matter, you said that you weren't satisfied on the material before you - and the issue there was slightly different to here, of course. Is that the AWU has any coverage of employees of ACM. Your Honour will remember on that occasion I raised the question as to whether a detention centre was, in fact, an immigration centre. That, your Honour, I no longer question. The two are the same. The reasoning of your Honour in that decision is pertinent to the position I put here.

PN50

Your Honour, the decision, of course, that I refer to is the decision of 28 June of 2002 in Print PR 919520. It related to the bargaining notice that had been filed by the AWU. That decision, your Honour, on pages 3 through to 5 sets out the rules of eligibility, rule 5 and the description of industry, rule 6 of the AWU. I can provide your Honour with a copy of those two rules.

PN51

THE SENIOR DEPUTY PRESIDENT: Could you just remind me, Mr Douglas. The immigration centre aspect only arose, didn't it, under section 207?

PN52

MR DOUGLAS: Yes, that is so, your Honour.

PN53

THE SENIOR DEPUTY PRESIDENT: Yes.

PN54

MR DOUGLAS: You will remember the issue was that under section 202 there had been an agreement whereby persons who were eligible to be members of the State union as detention centre officers could be members of the Federal organisation. And it is clear by reason of 202(6), I think, that that doesn't give rise to the rights of industrial representation. And, of course, the argument put by Mr Llewellyn on that occasion, from that argument it was self-evident that the AWU could not on the basis of any other provision suggest that it had an the eligibility to cover detention officers. That is why he went to the State rule. And that is why section 202 became an issue.

PN55

But, your Honour makes it very clear in that decision that it is a clear and very set of law that a union can only represent persons who are lawfully its members or persons who are eligible to be lawful members of the organisation and it can't represent persons who are not in that position. And in particular I refer to paragraph 47 of the decision where you said:

PN56

It is well established principle of law that an organisation of employees as a party principal cannot advance the ...(reads)... terms, the employees must be eligible to be or become members of the union concerned.

PN57

And it is absolutely clear, your Honour. I mean, I have looked at union rules on many occasions over the last 40 years in proceedings before this Commission. There has never been a clearer case, in my view, of a union lacking the capacity to represent particular employees, than the case here. Your Honour, I would hope that your Honour, that what I have put to your Honour with respect to our understanding with the LHMU and the process that is to be followed satisfies your Honour in terms of the matter being under control. Could I give this undertaking to the Commission.

PN58

We will report to the Commission following the conference in Sydney next week of matters that have been discussed and agreed on and where there might be, if any, areas of disagreement continuing and of the steps that are to be taken to rectify any problems that are jointly perceived to exist. Following that, your Honour, we are also of course prepared to advise your Honour of events that occur at Port Hedland after the new HR Manager arrives on site. Under those circumstances, your Honour, we submit that this matter should go no further. Thank you, your Honour.

PN59

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Douglas. Mr Daly, why shouldn't I deal with the ACM application to revoke the finding of dispute before I deal with any further matters in this case?

PN60

MR DALY: Your Honour, the reason that I sought to have this matter brought on again early was following the conference we had on Wednesday, I did speak to Mr Asplin in Port Hedland and a number of the other employees of ACM. Following those discussions it became fairly clear to me that the situation was developing where it was likely that the disputation which had previously occurred was likely to re-occur. It is, I suppose, in some senses - I am trying to think of the right word. But in a sense I am pleased that ACM appear to at least now acknowledge a number of the issues which have been raised are in fact issues.

PN61

But I have got to say it is a matter of concern that it appears that ACM have only come to that realisation and have now come to the conclusion that it might be an idea to have a meeting to discuss those things following notification to the Commission by the AWU of the dispute. I make no criticism of the LHMU in that sense, other than it is a concern and my organisation that these issues were not raised by the LHMU. Now, I make no criticism about that. I simply say they have come before the Commission because it had been raised with my organisation and this is when - - -

PN62

THE SENIOR DEPUTY PRESIDENT: But Mr Douglas' point is that you don't have the capacity to raise them in the Commission. The AWU doesn't have the capacity to raise them in the Commission.

PN63

MR DALY: I understand that, Deputy President. We don't concede that position. If that is a position which is to be further argued, then in terms of that, it would be my submission that that matter be set for a hearing and to be determined.

PN64

THE SENIOR DEPUTY PRESIDENT: Well, that is proposed to be heard in May.

PN65

MR DALY: Well, that matter should - - -

PN66

THE SENIOR DEPUTY PRESIDENT: In the context of the revocation. The application to revoke the finding. Well, sorry, I don't mean to tell you how you should run your case but I suspect that is what it is going to be all about.

PN67

MR DALY: And I am happy for that to occur. Putting it bluntly, my concern is that there are issues in Port Hedland today which are causing concern and need to be dealt with urgently.

PN68

THE SENIOR DEPUTY PRESIDENT: Mr Douglas has just said they are being dealt with.

PN69

MR DALY: I am sorry?

PN70

THE SENIOR DEPUTY PRESIDENT: Mr Douglas has just said they are being dealt with.

PN71

MR DALY: Well, he has. And I note that those issues in that meeting will occur - and perhaps in light of some other things that have been said, some people may think that it is not appropriate for me to be expressing a view. But it would seem to me that Sydney is a long way from Port Hedland where those issues are the matter of concern. And without wanting to give, perhaps, advice, I think part of the problem is that the way these things have been dealt with is a long way from the site. And I think that is where - a lot of the issues of concern to those employees at the site. Having said that - - -

PN72

THE SENIOR DEPUTY PRESIDENT: Well, I think Mr Douglas is in part acknowledging that in saying that there is a new HR Manager going there on Wednesday to deal with the issues.

PN73

MR DALY: Perhaps I can leave it on the basis that my concern and the concern of my organisation, subject to the views of the employees directly concerned, is that those issues are addressed and are addressed urgently. ACM, from my understanding of the history of it, have been somewhat tardy in those respects. If it is that they are now going to actually take steps to do those things, the JCC is going to work, then perhaps there is the potential for matters to move forward.

PN74

THE SENIOR DEPUTY PRESIDENT: Just on the JCC. It seems to me that is not all the responsibility of ACM. A Joint Consultative Committee is just that. And I am not being critical of you. I am saying the employees have a fair degree of responsibility to ensure the success of those meetings and deal with genuine issues when those meetings take place.

PN75

MR DALY: I accept that, your Honour. Now, I may stand corrected. My understanding is that the employees are prepared to and happy to participate in the process. My understanding is that those JCC meetings have been called at very short notice, as of the day that the meeting is proposed to be held. That is, as I understand it, or at least I am informed the reason why they haven't been able to occur. But perhaps - - -

PN76

THE SENIOR DEPUTY PRESIDENT: Well, do you see the proposal for a scheduled meeting each month as one way of rectifying that problem?

PN77

MR DALY: That was one of the suggestion which, depending on how things went this morning, I was going to suggest. That I think that seems to be a sensible way of viewing of it. Certainly from mine. My preference is for those issues to be dealt with on site with the employees. That is the appropriate and sensible way for it to be dealt with. We have no desire to be constantly in dispute with ACM or anybody else. But where there are genuine issues which are not being dealt with, particularly where it has led to disputes in the past, and in my view in this case, has the potential to do so again. It would seem irresponsible to simply sit back and do nothing.

PN78

THE SENIOR DEPUTY PRESIDENT: Yes. Well, as I say, I think from what has been said by Mr Douglas this morning, each of the matters that had been raised by you in the course of the proceedings on Wednesday, was it, have been addressed in one way or another and will be addressed more appropriately when the Human Resources Manager reports there on Wednesday after the meeting with the senior management and the senior officials of the ALHMWU on Tuesday.

PN79

MR DALY: I accept that, your Honour. There is one other issue which perhaps can be discussed at that meeting. My understanding is there are some fairly serious allegations of sexual harassment, physical sexual harassment, occurring in some of the female - - -

PN80

THE SENIOR DEPUTY PRESIDENT: By whom?

PN81

MR DALY: I am sorry?

PN82

THE SENIOR DEPUTY PRESIDENT: By other guards or by - - -

PN83

MR DALY: No, no. By detainees. And I would simply ask that that matter also be addressed at that meeting.

PN84

THE SENIOR DEPUTY PRESIDENT: Do they report it when it occurs?

PN85

MR DALY: My understanding is that it has been and my understanding is that the management have indicated they don't believe that the purported offender, if I can put it that way, has a problem. If what has been reported to me is what is occurring, then it is, quite frankly, a serious matter and needs to be dealt with with some urgency.

PN86

THE SENIOR DEPUTY PRESIDENT: All right. Anything else, Mr Daly?

PN87

MR DALY: I have nothing further to add, your Honour.

PN88

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Daly. Ms Lines?

PN89

MS LINES: Yes, your Honour. If I could just say, firstly, if there are issues of a serious nature regarding sexual harassment, then they are matters which quite properly ought to be dealt with by the Police and not by ACM. So, I mean, that is the proper procedure for dealing with those matters. And I am certainly unaware of them. But would say that I wouldn't be comfortable with ACM dealing with those sorts of matters.

PN90

THE SENIOR DEPUTY PRESIDENT: No. But if they have been reported to management, perhaps management should have taken it up with Police.

PN91

MS LINES: Well, I think that a person with the issue ought to take it to the Police. So, that is, in my view, the proper procedure for dealing with those matters.

PN92

MR DALY: I will make inquiries about that, your Honour.

PN93

MR ASPLIN: Yes, Senior Deputy President Lacy?

PN94

THE SENIOR DEPUTY PRESIDENT: Mr Asplin, I am listening at the moment to the representative from the LHMU.

PN95

MS LINES: Sir, in my experience, if there are serious matters, often when management gets involved, the issues bogged down. And it isn't a proper procedure for management to be dealing with them, in my view. But I am happy that Mr Douglas has taken it on board to investigate them. Sir, I am pleased to report that, yes, we will be having the meeting on Tuesday in Sydney and I am also heartened to hear that Port Hedland will get its own dedicated human resource officer. That has been missing for some time. I have to say I am really frustrated over the escorting levels. That was, your Honour will recall, part of the dispute resolution in November of last year that we agreed on a procedure for escorts.

PN96

I understand from Mr Paternoster today that occurring in the Centre right now is an escorting problem. Your Honour may also recall that we have raised this matter over and over in conference and it really does need to be dealt with as a matter of urgency. I am not aware that ACM have advertised outside for casuals. I do appreciate they have a problem with their current casual pool, that they don't have enough casuals available. But, nevertheless, I would hope the other three escorts planned for today simply don't go ahead because that would leave the Centre seriously understaffed. So, I am - - -

PN97

THE SENIOR DEPUTY PRESIDENT: Sorry, say that again.

PN98

MS LINES: It is my understanding - Mr Paternoster is on line and he can fill you in, sir, that there is one officer off sick this morning for the 12 hour shift that commenced at 7 am this morning and will finish tonight at 1900. That there are currently three escorts under way and there is another three planned. So, Mr Douglas is aware of that and said he will raise it immediately after the hearing this morning, sir. And I would be happy that the additional three escorts don't go ahead. But, of course, if there are sick people who need to go to hospital, then that is a problem. So, the escorts concern me, that we still haven't found a proper resolution. I am heartened to hear that we are going to set up regular JCC meeting times.

PN99

And I think we need to be very clear on who the representatives are. It just seems to me that anyone and everyone comes to those committee meetings. So, I think we need to be very clear about who the reps are and make sure the proper people attend. Those are my key concerns. Again, the banding issue is obviously again related back to not having enough casuals on staff. But hopefully we will be able to get some real resolutions to these issues on Tuesday, your Honour. So, we look forward to those discussions.

PN100

THE SENIOR DEPUTY PRESIDENT: Yes. Well, just before you sit down, you said that you thought that the escort problem or escorting problem really does need to be dealt with as a matter of urgency. Are you saying that matter can wait until Tuesday or - - -

PN101

MS LINES: Well, Mr Douglas has undertaken to investigate today's problem. My understanding is the escort problem is directly related to the inability of ACM to get enough casuals in. I raised back in November, were they going to advertise and they indicated that was something they were considering. It is my understanding certainly from last year, and I doubt the situation has improved, your Honour, that there were only about 11 or 12 people available for casual use, even though the ACM actually had a bigger number than that on their books. But you will recall, your Honour, that ACM wrote to all of the casuals and asked them to indicate their availability. And I think only about 11 or 12 people responded.

PN102

So, if that is still the situation or in fact if the situation has worsened, then that creates a real problem in terms of sick leave, annual leave and escorting which is a daily occurrence at the Centre.

PN103

THE SENIOR DEPUTY PRESIDENT: All right.

PN104

MR DOUGLAS: Your Honour, the new HR Manager is not dedicated solely to Port Hedland.

PN105

THE SENIOR DEPUTY PRESIDENT: No, I didn't understand you to say that.

PN106

MR DOUGLAS: He is dedicated to detention centres.

PN107

THE SENIOR DEPUTY PRESIDENT: Yes. But he will be visiting Port Hedland on Wednesday?

PN108

MR DOUGLAS: Yes.

PN109

THE SENIOR DEPUTY PRESIDENT: Yes.

PN110

MR DOUGLAS: Could I tell your Honour that, yes, when we finish this morning I will make inquiries about the escort position and I will communicate the situation to my friend as to what I have been able to discover and what will occur as a result.

PN111

THE SENIOR DEPUTY PRESIDENT: Yes. All right. Well, look, it seems to me on the basis of what has been expressed by Mr Douglas this morning that each of the matters that have been raised by the organisation are matters that are currently under review and will be addressed in more detail on Tuesday next between the ACM senior management and the representatives of ALHMWU in Sydney and that the newly appointed Human Resources Manager for Detention Centres who will be in attendance at the meeting in Sydney will subsequently visit Port Hedland on Wednesday to address the issues that arise out of the course of the meeting on the Tuesday between the senior management and ALHMWU.

PN112

Mr Douglas has also undertaken to provide to the Commission a report on the conference in Sydney to the extent that it will identify any areas of disagreement between the parties and the events that are to occur as a result. Is that a fair representation of what you have said.

PN113

MR DOUGLAS: Yes, your Honour.

PN114

THE SENIOR DEPUTY PRESIDENT: Now, what I propose to do is I understand there are people on line in Port Hedland who are actually represented here by their representatives but I will adjourn the matter into conference briefly to give them an opportunity to say what they want to say. Does anybody have any objection to that course? Very well. The matter is adjourned.

NO FURTHER PROCEEDINGS RECORDED [11.08am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ACM1 E-MAIL FROM DIMIA TO PORT HEDLAND PN48