C2003/1645, Transcript of Proceedings [2003] AIRCTrans 1437 (16 April 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, 15 Adelaide St BRISBANE Qld 4000
(PO Box 13038 George Street Post Shop Brisbane Qld 4003)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RICHARDS

C2003/1645
C2003/1667
C2003/1668
C2003/1669
C2003/1670
C2003/1671

THIESS PTY LTD

and

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

Notification pursuant to section 99 of the Act
of a dispute re wearing of protective goggles by employees

APPLICATION TO STOP OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act by
Thiess Pty Ltd for orders in respect of industrial action
at QAL Refinery re wearing of protective eyewear

APPLICATION TO STOP OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act by
Thiess Pty Ltd for orders in respect of industrial action
at QAL Refinery re wearing of protective eyewear

APPLICATION TO STOP OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act by
York Linings International Pty Ltd for orders
in respect of industrial action at QAL Refinery
re wearing of protective eyewear

APPLICATION TO STOP OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act by
Tyco Asia Pacific Pty Ltd for orders in respect of
industrial action at QAL Refinery re wearing of
protective eyewear

APPLICATION TO STOP OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act by
AGC Industries Pty Ltd for orders in respect of
industrial action at QAL Refinery re wearing of
protective eyewear

BRISBANE

2.03 PM, THURSDAY, 3 APRIL 2003

PN1

THE COMMISSIONER: Everyone is smiling, so I don't know what this means. Have appearances changed at all?

PN2

MR G. POWER: No.

PN3

THE COMMISSIONER: Mr Power?

PN4

MR POWER: No, no.

PN5

THE COMMISSIONER: Ms D'Ath?

PN6

MS Y. D'ATH: Yes, Commissioner, my name is D'Ath on behalf of the Australian Workers' Union.

PN7

THE COMMISSIONER: Hello, Ms D'Ath. I've seen your name on a few forms that have come across my desk and I think we've had a telephone conference as well, haven't we?

PN8

MS D'ATH: Yes, we have, Commissioner.

PN9

THE COMMISSIONER: I'm pleased to meet you in person. Mr Power, how did things go with the MRC?

PN10

MR POWER: Yes, yes. Yes.

PN11

THE COMMISSIONER: Yes, may I record for the record that everyone is snickering.

PN12

MR POWER: Okay. May it please the Commission, the Committee has been successful in reaching agreement over the application of the mono-goggles, and I will tender a copy of the agreement that has been reached on site up there and the Commission will note that it's written in a format that - and signed off - that would be consistent with a site arrangement. But if I just quickly trace through the document that it's been agreed on site and as you might know it's been signed off by the representatives of that site committee which include three union - two union organisers - three, I should say, and some delegates. And that is that on the tasks of grinding and drilling and similar duties that the mono-goggles will be worn.

PN13

In addition, on the introduction of alumina hydrate to the project in a specified area, Calciner 1 will be a mandatory mono-goggle site and Thiess will undertake arrangements so they can put some physical barriers, or indicators, up of what is the demarked site for the purposes of wearing those glasses. There is a different procedure for those who fail to wear those in those designated areas and then there is some housekeeping in respect of other issues they brought about sites for the day that there will be a joint improvement in those areas. Eye injuries will be investigated by Thiess and an employee representative to ensure the circumstances are clearly understood and recorded. For the Commission's benefit I think there were some 31 eye injuries to date on that site which indicated that it seemed to be somewhat hazardous to eyes and I guess there's some history to the requirement of mono-goggles.

PN14

And the tool box meetings will be used for the purposes of disseminating information. Thiess management will document and display dust suppression housekeeping activities, so there will be awareness of the activities. It's our understanding it was agreed, and it probably does go without saying, that we would have liked to have had included in the document that there already is a commitment in terms of the parent agreement that the disputes procedure be followed in any future instances on this site.

PN15

I think in this sort of matter it could have been easily dealt with by the disputes procedure and we noted the other day, on Monday when we were last before you, that this is the third dispute in almost as many months on that site where there's been no adherence to the disputes procedure. So we would just note that on record that our understanding of the parties that they will recommit to the disputes procedure in respect of this project.

PN16

THE COMMISSIONER: Well, I think my recommendation in respect of the last suite of matters mentioned in that recommendation will continue to have force irrespective of the completion of the MRC process, that is, in respect of that suite of issues - that other suite of OHS issues. I mean, quite clearly it's been able to be demonstrated that these matters can be resolved without having to first of all go through a period of confrontation followed by resolution. This has been able to be dealt with expeditiously and seemingly quite co-operatively and there are other issues as well outside the MRC that my recommendation went to and at some point, hopefully, I will hear a bit more about those, although you're heading that way, are you, Mr Power?

PN17

MR POWER: No, I wasn't at this stage, Commissioner. I was going to suggest that that probably removes any threat of industrial action of our understanding at the moment, so in respect of our applications for orders that they would not be re-listed today on that basis.

PN18

THE COMMISSIONER: So are they essentially withdrawn?

PN19

MR POWER: Well, in respect of the action that was arising over this, yes.

PN20

THE COMMISSIONER: Very well. Okay.

PN21

MR POWER: However - - -

PN22

MR SLOWGROVE: Well, that's specifically what you asked the orders for.

PN23

THE COMMISSIONER: What's that?

PN24

MR SLOWGROVE: That's specifically what you asked the orders for.

PN25

MR POWER: Yes. But - - -

PN26

THE COMMISSIONER: You know, of course, they would have very little currency in other circumstances after this - - -

PN27

MR POWER: Exactly. They've got no currency so effectively they are withdrawn, but we are, I think, making enough submissions. We are serious about the disputes procedure, may it please the Commission.

PN28

THE COMMISSIONER: Good. No, thank you, Mr Power. I also asked in the report back - by way of the recommendation I asked in the report back could I also hear in some broad brush terms about the undertakings or the proposals the parties have been dealing with, other extrinsic OHS issues that were raised, if I recall, by Mr Smith. They weren't - if you remember, they were quite detached from the MRC issue but you raised them at the time about the residual issues flowing from, I think, matters that were before the Commission in January of this year and I was concerned to see that there was an appropriate process broadly put in place to manage the resolution of those so that they didn't escalate into the sort of difficulties that we had over this matter.

PN29

MR POWER: They're contained in item 4 of that document. Those were those - - -

PN30

THE COMMISSIONER: Oh, there the housekeeping shall be improved. That's - - -

PN31

MR POWER: Yes. Those environment issues that they raised up. We place that at 4.

PN32

THE COMMISSIONER: Okay.

PN33

MR POWER: Okay.

PN34

THE COMMISSIONER: Right. So that's those. Okay. It would seem in respect of the MRC matter that the issue that gave rise to the initial dispute notice in the section 127 applications has now been successfully resolved. You still have a number of issues that have been dealt with by undertakings that have been entered into recently regarding the other outstanding OHS issues which were extrinsic to the applications and I'm pleased to see that they've been dealt with, and, again, if I can just reinforce the intent of the recommendation that was made is that it's intended that they be dealt with in the appropriate manner, whatever that may mean in a broad sense, because it's only given a meaning at the local level, so I can't really articulate it, but in doing so that they're dealt with in the context - there are disputes that are dealt with in the context of the agreements procedure and we don't have the - again - have those confrontations that we had outside the context of the agreements procedure that brought these original applications on. Is there anything else anyone wants to bring to my attention about the report back, Ms D'Ath?

PN35

MS D'ATH: The only additional point that the union would seek to make is in relation to those applications that are in the Commission at the moment, 127. Certainly the AWU has made a request to the company that they actually be withdrawn in writing to the Commission and that that notification also be forwarded to the union. So I just would seek clarification from the company's representative today whether they still intend to follow that through with a formal process or whether the Commission's satisfied, having had it on the record today, that in fact those applications will be withdrawn.

PN36

THE COMMISSIONER: Well, I think I've got you, Mr Power, just at the moment and quote unquote you have effectively withdrawn quote unquote the section 127.

PN37

MR POWER: Yes.

PN38

THE COMMISSIONER: Is that - Ms D'Ath, did that satisfy you and I will distribute the transcript in that respect. Will that be sufficient for your purposes?

PN39

MS D'ATH: Yes.

PN40

THE COMMISSIONER: Well, that's good then. Are there any other matters that we need to deal with today?

PN41

MR SLOWGROVE: No, nothing, Commissioner. Nothing further.

PN42

THE COMMISSIONER: Well, thanks very much for dealing with this matter in the manner which you have post-hearing. Not so much in the pre-hearing. Anyway, can I thank you very much for the efforts over the last few days and I guess I will see you again. We're adjourned.

ADJOURNED INDEFINITELY [2.12pm]