AG2003/6159, Transcript of Proceedings [2003] AIRCTrans 4449 (3 October 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

AG2003/6159

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Tali Engineering Pty Limited and Another
for certification of the Tali Engineering Pty
Limited/CFMEU Collective Agreement 2003

ADELAIDE

10.43 AM, FRIDAY, 19 SEPTEMBER 2003

PN1

MR M. HARRISON: If it please the Commission, I appear with MR D. ROBERTS, CFMEU. He is absent at the moment trying to find out the location of Mr Tali who we gave in addition to the notice given by the Commission, we also faxed him on 9 September to say it is necessary for him to attend. He is not here at the moment. We are trying to ascertain why, but in the meantime I am prepared to proceed and if necessary write a letter to him raising any concerns that you might have as to interpretive matters.

PN2

THE SENIOR DEPUTY PRESIDENT: Mr Harrison, the application is lodged some 35 days out of time.

PN3

MR HARRISON: Yes it is. Mr - - -

PN4

THE SENIOR DEPUTY PRESIDENT: I am somewhat at a loss as to how I can progress the matter without receiving some advice from the employer.

PN5

MR HARRISON: I would say that Darren Roberts is here to tell you that there has been no change - - -

PN6

THE SENIOR DEPUTY PRESIDENT: Yes.

PN7

MR HARRISON: - - - in the work-force, it is the same form.

PN8

THE SENIOR DEPUTY PRESIDENT: I will need the employer to confirm his perspective on that.

PN9

MR HARRISON: Well, I am very much in your hands if the Commission is of the view that this matter ought to be adjourned there is little I can do about it.

PN10

THE SENIOR DEPUTY PRESIDENT: I think we will need to adjourn the matter. I propose to adjourn it. I will endeavour to ensure that it is listed again at some stage next week.

PN11

MR HARRISON: Is it possible to adjourn to this afternoon?

PN12

THE SENIOR DEPUTY PRESIDENT: Yes, I could now fit it in this afternoon.

PN13

MR HARRISON: Well, better still it will be adjourned until the end of the 12 o'clock matter aforementioned.

PN14

THE SENIOR DEPUTY PRESIDENT: We could either bring it on shortly after 12 o'clock or alternatively I can give you a tentative time now of 3 pm and indicate that if you advise my office between now and 3 pm that the employer is able to attend at that time, then the matter will be called on that basis. I think that might be the best way to go.

PN15

MR HARRISON: Yes, indebted to the Commission.

PN16

THE SENIOR DEPUTY PRESIDENT: If the employer is not contactable I will endeavour to list the matter for sometime next week because I am not available for a fortnight after that.

PN17

MR HARRISON: Yes, otherwise.

PN18

THE SENIOR DEPUTY PRESIDENT: If in the next hour or so you become aware of the employer's existence so that you do want the matter convened at an earlier time rather than 3 o'clock, then I am very much in your hands. All you need do is advise me of that. I will adjourn the matter on that basis.

ADJOURNED ACCORDINGLY [10.47am]