C2003/87, Transcript of Proceedings [2003] AIRCTrans 1848 (16 May 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 2, 16 St George's Tce, PERTH WA 6000
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TRANSCRIPT OF PROCEEDINGS

O/N WT0225

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER O'CONNOR

C2003/87

APPLICATION FOR AN ORDER TO
STOP OR PREVENT INDUSTRIAL
ACTION

Application under section 127(2) of the
Act by United KG Pty Ltd for an order
to stop or prevent industrial action

PERTH

2.38 PM, FRIDAY, 2 MAY 2003

PN1

THE COMMISSIONER: Right, good afternoon.

PN2

MR M. BORLASE: I seek leave to appear on behalf of the applicant, United KG Pty Ltd.

PN3

MR L. EDMONDS: I appear on behalf of the respondent, sir, with MR S. CURRIE the official of the AMWU, sir. I seek leave to appear as well, sir.

PN4

THE COMMISSIONER: I understand that the parties are in dispute over the company's refusal to employ, as of now, some five - am I right? Five employees is it?

PN5

MR BORLASE: Sir, it is actually three employees, I believe - - -

PN6

THE COMMISSIONER: Three.

PN7

MR BORLASE: Who have not been offered employment by United KG at this point.

PN8

THE COMMISSIONER: And I take it United KG have now won a new contract and they have displaced the other contractor. Is that what we are talking about?

PN9

MR BORLASE: Yes, sir. I believe that that is the situation. There was previously a contractor on site, Fluor Global Services, and as I understand the situation, United KG have been successful in obtaining a contract with Western Power to provide a range of services at the Muja Power Station in Collie primarily of an engineering maintenance service nature. And also the performance of shut-down services has been outlined in the application. That contract, I can't give you a specific date in terms of when it actually commenced but that is roughly what the situation is, yes.

PN10

THE COMMISSIONER: And do I take it that have picked up all the other employees of Fluor Global Services who wish to come across? Is that right?

PN11

MR BORLASE: Not all the other employees, I am instructed. I don't know - and I will receive some instructions, sir, now. There is casuals. They were all casual employees, I believe, sir, of the previous contractor.

PN12

THE COMMISSIONER: All casuals. All right. Okay. Now, Mr Edmonds, is it possible that we go into conference to be able to resolve this matter? I think we will just go off the record for a minute, thanks very much.

OFF THE RECORD [2.41pm]

RESUMED [4.29pm]

PN13

THE COMMISSIONER: Right, now, having been in conference, it has been determined, and I will ask the union to place on transcript a commitment that there will be a recommendation to the workers who are currently taking industrial action and who are employed under the terms of United KG Pty Ltd Power Plant Maintenance Certified Agreement 2003, a recommendation that they return to normal duties on Monday morning. And that on Monday, subject to a release being signed by the three workers in question, the company will provide the union with all the medical documentation relating to the rejection of the three workers on the basis of two on medical grounds and one failure of a drug and alcohol.

PN14

Further, that the Commission will issue tonight direction to Mr Chris Howard and Mr Martin Sale, Mr Graham Hall, Mr Chad Hewson, Mr Kerry Greenmount, Mr Lee Chapman, Mr Chris Whelan, Mr Neil Tylor, Mr Ian MacNish, Mr David Chappell, Mr Jeffery Doyle, Mr Paul Piavanini, and Mr Ian White that should they be called upon over the weekend to perform emergency duties, then they should turn to and perform such duties. I would now ask the union to give a commitment on the transcript as to directing and recommending that the workers return to work on Monday morning.

PN15

MR EDMONDS: Yes, sir. Thank you, sir. I have had the opportunity to speak to Mr Currie and to speak to the shop stewards, sir. And I am pleased to advise, sir, that the union will advise the workers on Monday morning that they should return to work. We are happy to undertake that action on the basis that this matter is heading towards a resolution, sir. And that those activities that you have previously alluded to will occur on Monday, sir.

PN16

THE COMMISSIONER: All right. And we will set this matter down for a further conference at 11 am on Thursday the 8th. Based on what you have told me, Mr O'Byrne, it may well be wise to bring along your - what do we call her? Your medical - - -

PN17

MR O'BYRNE: Health Services Manager, sir.

PN18

THE COMMISSIONER: Yes, Health Services Manager. I am sure she will be able to assist. And we will continue to process this matter now in accordance with the dispute settlement procedure. So, I wouldn't expect that there is any necessity for any further action by the employees on the site. Yes, Mr Borlase?

PN19

MR BORLASE: Sir, I apologise for this. I have just been advised that there is the possibility that sometimes there have been break-downs which have resulted in larger crews than that 13 people. And I believe that has sometimes been up to 26 people have worked on the break-downs.

PN20

MR O'BYRNE: Usually you only get one unit that might blow a tube and usually we will deal with it with less than those people.

PN21

MR BORLASE: And I was just looking for a bit of a further dispensation in respect of this. That there would be the ability to bring in additional people in such an emergency situation, given obviously, the potential to affect the power supply and things of that nature which arises from such a break-down. And we would do that through consultation with the delegates.

PN22

MR EDMONDS: Sir, in circumstances such as that where there is some sort of catastrophic failure, I would imagine that the shop steward and Mr Shawn Currie would be contacted and some sort of accommodation could be reached, sir. I would presume that that would be unlikely to happen, sir. I don't think it is - - -

PN23

THE COMMISSIONER: All right. Failing a return to work by the workers on Monday morning - well, I have full confidence in Mr Currie's abilities to impart to the workers our wishes. Failing that, this matter will be brought back on the Monday morning as a 127. I will adjourn this now until Thursday and if the parties wish to await, I will draw up a direction in respect of these workers.

ADJOURNED INDEFINITELY [4.34pm]