C2003/6610, Transcript of Proceedings [2003] AIRCTrans 5466 (10 December 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, 15 Adelaide St BRISBANE Qld 4000
(PO Box 13038 George Street Post Shop Brisbane Qld 4003)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 2299

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOFFMAN

C2003/6610

TRANSPORT WORKERS' UNION OF AUSTRALIA

and

LINFOX AUSTRALIA PTY LIMITED

Notification pursuant to Section 99 of the Act
of a dispute re indefinite stoppage of work by
employees of the Linfox-BHP/Onesteel, Archerfield site.

BRISBANE

4.11 PM, MONDAY, 24 NOVEMBER 2003

PN1

THE COMMISSIONER: Could we have appearances, thank you.

PN2

MR T. MULLEN: State representative, Linfox Queensland, representing Linfox, and RUSSELL McGOWEN, who is the Contract Manager working for Linfox at the BHP site, Commissioner.

PN3

MR D. PRIOR: Industrial officer for the Transport Workers' Union of Australia, Queensland Branch. On my right I have the appropriate TWU organiser, PETER PAGINI, and to his right, in order of right to left, I have KERRY HOWARD and TONY BOYD. Kerry is the safety representative on site and Tony is the delegate for Linfox on site.

PN4

THE COMMISSIONER: Yes, thank you. Yes, Mr Mullen?

PN5

MR MULLEN: I prefer to go into conference if we can. Commissioner, is it possible to go straight into conference?

PN6

THE COMMISSIONER: Is that acceptable to the union?

PN7

MR PRIOR: Certainly. I believe in relation to the issues that bring the parties before the Commission today that would be most appropriate.

PN8

THE COMMISSIONER: Yes, thank you. Do you anticipate the need to go back on the record at all?

PN9

MR MULLEN: If we can get some resolution at the end, it would be on record, but apart from that, no.

PN10

THE COMMISSIONER: Yes, all right. We will adjourn.

OFF THE RECORD [4.13pm]

RESUMED [5.26pm]

PN11

THE COMMISSIONER: Yes, I have conferred with the parties since going off the record and the union did take an opportunity to confer amongst themselves about matters that have been raised. The issues of concern, which number approximately seven, have been gone through from both the union's perspective as to what the concerns are from the employees through to management's response to each of those issues. The Commission is satisfied that there is a process in place now to address these matters. The company is awaiting an expert safety report on a number of these and they expect to receive that report fairly shortly, and at that time management will give consideration to it before the matters are communicated back.

PN12

The company have also given a number of undertakings with respect to employees acting reasonably but safely in the interim. Those undertakings certainly appear reasonable to the Commission. If there are ongoing problems or concerns, it has been made clear that if there are problems with local management that the company state representative can be approached if need be.

PN13

Further, the Commission would emphasise that there is no need for employees to lose income and the company to lose income and face the possibility of loss of contract. If there are frustrations, as have apparently been the case over some time, there is the ability for either party to deal with the grievance in accordance with the company and employee and union agreement and thus avoid industrial action but have matters processed so as everybody's concerns can be addressed.

PN14

The employees are having a report-back meeting at 5 am tomorrow morning. The Commission would recommend that there be a normal resumption of work at that time and that the employees and union work with the company, work through the processes that have been put in place, and once the expert's report is received, also work through those issues. Is there anything further any of the applicants wish to add?

PN15

MR PRIOR: Just if you would release your comments from transcript.

PN16

THE COMMISSIONER: Yes, that latter part of the transcript will be released. That can that be produced quickly - very quickly? Yes, the Commission stands adjourned.

ADJOURNED INDEFINITELY [5.29]