C2003/5251, Transcript of Proceedings [2004] AIRCTrans 1063 (24 March 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6362

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2003/5251

AUSTRALIAN LIQUOR, HOSPITALITY
AND MISCELLANEOUS WORKERS UNION

and

CROWN LIMITED

Notification pursuant to section 99 of the Act
of a dispute re limitations on right of entry of
permit holders under section 285A of the Act
who are LHMU Officials by the employer to
particular areas within the Crown Casino
complex

MELBOURNE

10.05 AM, WEDNESDAY, 10 MARCH 2004

Continued from 20.8.03

PN103

THE SENIOR DEPUTY PRESIDENT: Yes. The matter has been listed for report back and such other further proceedings as are required. Who would like to lead off? Mr Amendola.

PN104

MR AMENDOLA: If the Commission pleases, as you are aware, there was a conciliation before you on 20 February where the parties put their respective positions and a position was put by the Commission for the parties to consider. At the end of that conciliation the matter was listed for a report back. What has taken place since that time, your Honour, is that there has been some correspondence between the parties. If I can give to the Commission a copy of a letter that was sent by my client to the union on 24 February which recounted the position as my client saw it, your Honour. It set out what had been the position that had been put, what was the compromised position, the fact that it was prepared to accept the compromised position and asking really, in essence, urging the union to accept that compromised position so that no further proceedings might be necessary.

PN105

THE SENIOR DEPUTY PRESIDENT: Yes.

PN106

MR AMENDOLA: A response was received on Friday in relation to that correspondence, if I could provide a copy of that to you.

EXHIBIT #CROWN1 CORRESPONDENCE FROM CROWN TO THE UNION DATED 24/02/2004

EXHIBIT #CROWN2 RESPONSE DATED 05/03/2004

PN107

MR AMENDOLA: And there is not much in that response, your Honour, as you will see.

PN108

THE SENIOR DEPUTY PRESIDENT: Yes. So we are awaiting some reply.

PN109

MR AMENDOLA: The only other matter that - or the only other material that I would seek to provide, your Honour, is just that there were some notices that were provided exercising entry. I will just provide them by way of example at this stage, your Honour.

EXHIBIT #CROWN3 NOTICES EXERCISING ENTRY

PN110

MR AMENDOLA: So from my client's position, your Honour, we are where we are, which is not terribly far from where we were on 20 February, I think.

PN111

THE SENIOR DEPUTY PRESIDENT: So we are - yes, well, as I recall, the union was seeking legal advice and considering its position and that appears to be confirmed in CROWN2, so perhaps I will hear from Ms Beer as to where that has led the union.

PN112

MS BEER: If the Commission pleases, we are in receipt of the correspondence dated 24 February. Obviously, beyond our control, we had a computer virus last week that did limit our response - - -

PN113

THE SENIOR DEPUTY PRESIDENT: Nothing to do with the name change to the union - - -

PN114

MS BEER: Sorry, name change?

PN115

THE SENIOR DEPUTY PRESIDENT: To the union - I gather Vice President Ross has approved the change in the name of the union recently.

PN116

MS BEER: Change in the - I am not with you but we will go - - -

PN117

THE SENIOR DEPUTY PRESIDENT: Yes, I think that - I think - - -

PN118

MS BEER: So, yes, I mean I guess we did respond on 5 March, just further to the Commission hearing on 20 February. As it stands, the LHMU is prepared to accept the compromised position that was put on the table in relation to this issue however we would like to do that on a trial basis for three months. I guess our reasoning behind that is we do have some concerns in relation to the proposal that was put - if I could go to say where it speaks about discussions being held with Crown, and basically receiving Crown's permission, we did highlight in the previous conciliation that we did have concerns about confidentiality for our members in relation to issues.

PN119

However, we are prepared to accept that compromised position on a trial basis for three months. Just to reiterate what that position was in relation to the west end that we would have access on an ad hoc basis, provided that discussions were entered into between Crown management and the union.

PN120

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. Mr Amendola, what is the position of your client as to a trial? It would appear that if things go smoothly that that might well resolve the matter. If not, presumably the parties' rights in relation to applications still remain?

PN121

MR AMENDOLA: I think that is probably so, your Honour.

PN122

THE SENIOR DEPUTY PRESIDENT: Yes.

PN123

MR AMENDOLA: We would obviously be more content with it being on other than a trial basis, but I don't think we can say much in opposition to something like that. I mean the position is something that is comfortable for my client. As you say, if it does not work out we will no doubt be back before you again.

PN124

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Well, do I need to do anything by way of report back, or should it be left on an application basis?

PN125

MR AMENDOLA: I would suggest the latter, your Honour. I mean the transcript is there. It reflects what has been said in open Commission. If there is anything that - I don't think anything actually in any formal sense needs to be done other than the adjournment of the application.

PN126

THE SENIOR DEPUTY PRESIDENT: Yes.

PN127

MR AMENDOLA: I would think, your Honour, on the basis that, as you say, if it needs to be brought back on, it can be done - that could be done on notice.

PN128

THE SENIOR DEPUTY PRESIDENT: Yes. Ms Beer, is there any objection to that course that I simply adjourn the matter and if the matter does need to be brought on the parties can obviously do that? Hopefully this will resolve all the issues satisfactorily and the trial will confirm that the arrangements are practicable and workable. So if I simply adjourn it on the basis that it can be brought back on obviously if things do not work out and other applications are required they will made and stand on their own in any case.

PN129

MS BEER: Yes, your Honour, that is fine. However, what we will seek to do is to exchange letters in relation to what has been said today.

PN130

THE SENIOR DEPUTY PRESIDENT: Yes, I think the arrangements should be confirmed but you do not have any difficulty with the manner in which they have been reflected in the Crown correspondence - CROWN1, other than the trial issue?

PN131

MS BEER: No, your Honour, but what - as I said what we will do is confirm that in writing to Crown.

PN132

THE SENIOR DEPUTY PRESIDENT: Yes, very well and that would obviously assist your understanding if it is confirmed in writing.

PN133

MR AMENDOLA: Yes, that would be satisfactory from our perspective, your Honour.

PN134

THE SENIOR DEPUTY PRESIDENT: Very well. Well, thank you for that. I think it is a sensible course and hopefully the arrangement entered into by the parties will work and work in an enduring sense, and the parties can get on with other matters. I will now adjourn the matter sine die.

ADJOURNED INDEFINITELY [10.12am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CROWN1 CORRESPONDENCE FROM CROWN TO THE UNION DATED 24/02/2004 PN107
EXHIBIT #CROWN2 RESPONSE DATED 05/03/2004 PN107
EXHIBIT #CROWN3 NOTICES EXERCISING ENTRY PN110