C2003/4468, Transcript of Proceedings [2003] AIRCTrans 3416 (13 August 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
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TRANSCRIPT OF PROCEEDINGS


O/N 3859

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2003/4468

CONSTRUCTION, FORESTRY, MINING
AND ENERGY UNION

and

ROHM AND HAAS AUSTRALIA PTY LTD

Notification pursuant to section 99 of the Act
of a dispute re termination of employment

MELBOURNE

10.04 AM, FRIDAY, 25 JULY 2003

PN1

MR J. MADDISON: I appear on behalf of the CFMEU with MR N. WASHINGTON.

PN2

MR R. MARASCO: I am from the Australian Industry Group acting on behalf of our member company, Rohm and Haas Australia Pty Limited. With me are MR M. KERSHAW and MR M. LAWRANCE.

PN3

THE COMMISSIONER: Thank you. Mr Maddison.

PN4

MR MADDISON: Thank you, Commissioner. This is about a dispute notification that the union lodged in relation to the termination of Mr Shane Green, who had worked for the company for about 15 years and we have also, on our member's behalf, lodged an unfair dismissal application. Now, Commissioner, I do not propose to go into the merits of the case. I had some short discussions with Mr Marasco. The first thing we are seeking is to go into conference and see if we can perhaps reach some agreement as to a process and see how far we get with that today. That is all I propose to say at this stage, Commissioner.

PN5

THE COMMISSIONER: Thank you. Do you concur with that, Mr Marasco?

PN6

MR MARASCO: Yes. If the Commission pleases, we would not object to going into conference but just state for the record that we note that the CFMEU did lodge an unfair dismissal before the section 99. Information provided to me from the Registry has indicated that a conciliation conference will be held in the second week of August in relation to this matter. We believe that this matter is more appropriately dealt with under section 170CE of the Act, namely the unfair dismissal provisions, and that it is inappropriate to use the section 99 provisions to discuss this particular case. There is nothing so particular about it that would make it so necessary for the Commission to deal with it under section 99. We just want to say for the record too that this is not a termination that was capricious or spiteful.

PN7

The employee was suspended on full pay on 20 May this year while a full investigation into the incidents which led to the termination took place. The termination of employment wasn't actually effected until July, so the employee was actually suspended on full pay for several weeks while a very detailed investigation into the incidents was carried out. The company's intention is to defend the unfair dismissal claim. That all being said, though, Commissioner, we don't object at this stage to moving into private conference.

PN8

THE COMMISSIONER: All right. Thank you. The Commission will go into conference.

NO FURTHER PROCEEDINGS RECORDED