C2003/5511, Transcript of Proceedings [2003] AIRCTrans 4183 (22 September 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2003/5511

HANSEN YUNCKEN PTY LIMITED

and

CONSTRUCTION, FORESTRY, MINING
AND ENERGY UNION

Notification pursuant to section 99 of the Act
of a dispute re industrial action at City Beach
project in Wollongong

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

SYDNEY

FRIDAY, 5 SEPTEMBER 2003

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [10.53am]

PN1

THE COMMISSIONER: There's been some discussion with the parties off record and the outcome of that discussion is that Ms Mallia is going to put a statement on the record, in part an undertaking and in part a confirmation of the situation. So if you could please do that, Ms Mallia.

PN2

MS MALLIA: Yes, Commissioner. The CFMEU undertakes that in relation to the issues that have been raised by this notice:

PN3

(1) That there is no black ban as alleged at the City Stage 2 Project or the project.

PN4

(2) There is no intention to impede the commencement of the project or that there is any industrial action planned in relation to the project.

PN5

(3) The CFMEU gives this undertaking subject to its rights under the Workplace Relations Act and/or any other relevant legislation.

PN6

The CFMEU confirms that the issues subject to this notice are not the subject of action on any other of the Hansen Yuncken sites.

PN7

If the Commission pleases.

PN8

THE COMMISSIONER: Thank you, Ms Mallia. Mr Thomas, does that undertaking and confirmation reflect your understanding of what was discussed in conference?

PN9

MR THOMAS: Yes, Commissioner, it does reflect my understanding and the understanding of the company representatives of our discussions with you and Ms Mallia off record.

PN10

THE COMMISSIONER: Thank you. What I will do is I will direct that just this part of the proceedings since we have been back on record be transcribed urgently and be made available to the parties. I'll hold the file at the moment and won't relist it for report back. I'm hoping there won't be any need for it to be brought back on but if it is, you can apply at short notice, Mr Thomas.

PN11

MR THOMAS: Thank you, Commissioner.

PN12

THE COMMISSIONER: The matter is now adjourned generally.

END OF EXTRACT [10.55am]