AG2003/5173, Transcript of Proceedings [2003] AIRCTrans 2640 (26 June 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 3207

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

AG2003/5173

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Siemens Limited and Thiess Pty Ltd and
Others for certification of the Silcar
Certified Agreement for Yallourn Open Cut
Mine and Power Station Victoria 2003

MELBOURNE

1.30 PM, THURSDAY, 12 JUNE 2003

Continued from 3.6.03

PN43

MS S. ZEITZ: I seek leave to appear with MR P. RUFFY from Silcar in relation to this matter.

PN44

MS R. JASTRZEBSKI: I appear for the Australian Manufacturing Workers Union.

PN45

THE VICE PRESIDENT: Yes, Ms Zeitz?

PN46

MS ZEITZ: Your Honour, I don't know if you have received, but I understand you should have copies of a statutory declaration and signed agreement from the AMWU.

PN47

THE VICE PRESIDENT: Yes. I am told I have it. Yes, by Mr Dargavel?

PN48

MS ZEITZ: Thank you. The parties have reached an agreement, after much discussion with Mr Mighell of the CEPU, that that organisation would, it is proposed, be removed from the agreement.

PN49

THE VICE PRESIDENT: Yes.

PN50

MS ZEITZ: On that basis what we thought might be appropriate, if your Honour was comfortable, is we would like to at least go off the record to explain what has happened and how.

PN51

THE VICE PRESIDENT: Sure.

PN52

MS ZEITZ: And then it may be that your Honour would be able to indicate, at least in a preliminary way, what steps we might appropriately take to bring the matter to a conclusion, if the Commission pleases.

PN53

THE VICE PRESIDENT: Any objection, Ms Jastrzebski?

PN54

MS JASTRZEBSKI: None at all, your Honour.

PN55

THE VICE PRESIDENT: Right. We will go off the record, thanks.

OFF THE RECORD

PN56

THE VICE PRESIDENT: Well, as a result of discussion with the parties, I propose to list the matter for hearing on Tuesday, 1 July at 10 am, and the company is directed to file any witness statements, setting out the evidence-in-chief, in full, of the two witnesses that are foreshadowed. File and serve that material by Thursday, 26 June at 4 pm. That should be served on the three unions involved. Anything further at this stage? No?

PN57

MS ZEITZ: No. Thank you, your Honour.

PN58

THE VICE PRESIDENT: All right. Thank you. I will adjourn until 1 July.

ADJOURNED UNTIL TUESDAY, 1 JULY 2003 [1.43pm]