C2001/5009, Transcript of Proceedings [2003] AIRCTrans 739 (7 March 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DANGERFIELD

C2001/5009

NATIONAL UNION OF WORKERS

and

MOBIL OIL AUSTRALIA LIMITED

Application under section 170LW of the Act
for settlement of dispute re attempted
implementation by the employer of a drug and
alcohol policy without appropriate consultation

ADELAIDE

9.06 AM, TUESDAY, 25 SEPTEMBER 2001

PN1

THE COMMISSIONER: The Commission has before it a dispute notification in the following terms. Notice is given by the National Union of Workers to the Commission under clause number 9 of the Mobil Logistics Supply Birkenhead NUW Enterprise Agreement 1999, the certified agreement binding the National Union of Workers and Mobil Oil Australia Limited. The matter in dispute relates to the attempted implementation by the employer of a drug and alcohol policy without appropriate consultation.

PN2

The following steps of the dispute settling procedure have been taken: (1) the matter was discussed between the union delegates and the site manager; (2) the matter was discussed between the union organiser and the appropriate representative employer; (3) the matter was discussed between a representative of the head office of the company and the appropriate officials of the union:

PN3

Due to the serious consequence the dispute may invoke I request the matter be heard as a matter of urgency.

PN4

The notification is dated 17 September 2001 from the branch secretary of the NUW so I will take appearances in the matter first.

PN5

MR S. REARDON: I appear on behalf of the National Union of Workers.

PN6

MR W. VICKERS: I appear with MS A. FORBES on behalf of Mobil Oil Australia Proprietary Limited.

PN7

THE COMMISSIONER: Thank you. Mr Reardon?

PN8

MR REARDON: Commissioner, with your agreement, I think the best way to handle this matter might be through conference to start with to see if we can outline in general terms what the issue is rather than go on transcript.

PN9

THE COMMISSIONER: Yes, right. Well, I'm happy to proceed that way. I mean, the only reason I called the matter on formally first is if the parties want to put anything formally on the record before we proceed further.

PN10

MR REARDON: I don't have anything formally to put on the record at this stage.

PN11

THE COMMISSIONER: All right. Mr Vickers, have you got anything you wish to state?

PN12

MR VICKERS: Commissioner, I'm happy to proceed to conference. If need be we can always come back on the record.

PN13

THE COMMISSIONER: Right. Well, then having taken appearances and formally got the ball rolling, formally bounced the ball, as it were, I think we will adjourn into conference at this point. Thank you.

OFF THE RECORD

NO FURTHER PROCEEDINGS RECORDED