C0034/899, Transcript of Proceedings [2004] AIRCTrans 1151 (26 March 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6469

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C00348/99
C2002/4598
C2003/141

UCIW CHRISTMAS ISLAND INFRASTRUCTURE
REBUILDING (MAINLAND AND DOMICILED)
EMPLOYEES AWARD 1993

Review under Section 51, Item 51, Schedule 5,
Transitional WROLA Act 1996 re conditions of
employment

Application pursuant to section 1111(1)(b) of
the Act by the Community and Public Sector
Union concerning A Roping-in Award

Application under section 113 of the Act
by the Union of Christmas Island Workers
to vary re that the award complies with
the provisions of section 89A of the Act

CHRISTMAS ISLAND

10.24 AM, MONDAY, 8 MARCH 2004

PN1

MR G. THOMSON: I represent the Union of Christmas Island Workers in this matter.

PN2

THE SENIOR DEPUTY PRESIDENT: I should indicate for the record that no other parties are present at the present time. Notice of listing for this matter was sent to, among others, Gregory's Plumbing and Pipeline, address to Mr Brian Bond, to Gregory's Plumbing, addressed to Mr Tony Burgess, Idoroom, I-d-o-r-o-o-m Pty Ltd, addressed to Mr Peter McGovern, M-c-G-o-v-e-r-n, to CI Contracts with no particular individual itemised for attention, to Electrical Construction and Maintenance Australia Pty Ltd, again no individuals nominated as a recipient, and to Mining and Marine Constructions Pty Ltd, again with no individual nominated as a recipient.

PN3

There being no other appearances, could I ask you, Mr Thomson, have you had any communication with any of the parties nominated in those notices?

PN4

MR THOMSON: Your Honour, I bring to your attention that Gregory's Pipeline and Plumbing, or Plumbing and Pipelines, has been placed in administration and the Christmas Island part of their former business of Gregory's Pipelines and Plumbing has now been bought up by Duwall Pty Ltd. Duwall is spelt, D-u-w-a-l-l. I have had a discussion with Mr Rod Carrick of Duwall Constructions. They are a company that has done work over many years on Christmas Island and they have picked up certain of the equipment formerly used by Gregory's and effectively have taken over contracts with The Water Corps for operation of the sewerage treatment plant and are currently preparing a workforce for the construction of the new sports and recreation centre that is being built on behalf of the Commonwealth of Australia.

PN5

Duwall, I did inform Duwall last week that this matter was on in the Commission this week and recommended that Mr Carrick familiarise himself with the file held by Gregory's and he is a very competent business person, more astute and competent than many we have had to meet with and I am sure that he will look into his responsibilities given his serious commitment to liaising with the workforce and the union on Christmas Island. Certainly that is my experience. So I am looking to hearing from him at some stage but he understand what the award is about and he will look into it when he gets back to Perth this week.

PN6

THE SENIOR DEPUTY PRESIDENT: I don't know about the legalities of Duwall's succession to the business or otherwise of Gregory's but at this stage what I would propose to do is proceed with the award with Gregory's as a respondent, subject to any notification in due course about the change in the name of the respondent by way of a roping-in award or otherwise.

PN7

MR THOMSON: Apart from Duwall I have not had any succession in my attempts to pin down some of the other island contractors to get them to come to these hearings. They haven't come before, that is Mining and Marine and CI Contracts. I would point that Idoroom, trading as Christmas Island Enterprises, the principal of that company has advised me that he is leaving the island with his family. They are moving to New Zealand. He will come and go between Christmas Island and New Zealand, but I also understand that there are major outstandings owed to Idoroom and other companies on the island either from Gregory's or from Consolidated Constructions and Consolidated Constructions is a Perth based company, a national company, and they have gone into administration also.

PN8

So I am not sure how many of the companies are going to be left standing, your Honour, but Idoroom are certainly still in existence, but the indications from Mr McGovern of Idoroom were that he may or may not be in business, it depends on his creditors paying him - sorry, his debtors paying him. Thank you.

PN9

THE SENIOR DEPUTY PRESIDENT: All right, yes. I understand that it is the intention, isn't it, that the Union of Christmas Island to have this award ultimately declared as common rule for the construction and transport industry?

PN10

MR THOMSON: Mr McGovern has been one of the people very keen to see this award come into force. You will recall, your Honour, that he consented to be roped into the Infrastructure Award 1993 as simplified in the simplification process and that was suspended pending - that application was withdrawn or set aside pending the outcomes of the application for the making of the common rule award. But he certainly did participate in the conferences in the past.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, all right. Well, I propose to do now then is in the absence of any parties I will proceed to deal with the simplification and the question of variation of the award by way of conference and unless there is anything else you want to say for the record, Mr Thomson, I will adjourn into conference?

PN12

MR THOMSON: No, there is nothing more I would like to say, your Honour. Thank you.

PN13

THE SENIOR DEPUTY PRESIDENT: No, thank you. The matter is adjourned.

ADJOURNED INDEFINITELY [10.31am]