C2004/1177, Transcript of Proceedings [2004] AIRCTrans 1211 (30 March 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 324

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT McCARTHY

C2004/1177
C2004/1178
C2004/1179

Application under section 127(2) of the Act
by Pacific Industrial Company (WA) Pty Ltd and
Another for an order to stop or prevent
industrial action re the Hismelt Kwinana
Plant Project site.

Application under section 127(2) of the Act
by Thiess Pty Ltd and Another for an order
to stop or prevent industrial action re the
Hismelt Kwinana Plant Project site.

Application under section 127(2) of the Act
by United KG Pty Ltd and Another for an order
to stop or prevent industrial action re the
Hismelt Kwinana Plant Project site.

PERTH

10.27 AM, FRIDAY, 19 MARCH 2004

PN77

THE DEPUTY PRESIDENT: Yes, Mr Cooke?

PN78

MR COOKE: Thank you, sir. I am pleased to advise the Commission that work on the Hismelt project by the employees of the applicant employers resumed yesterday morning. There has been some discussions between the parties, sir. And arising from those discussions, we would seek to have these matters adjourned to 7 April 2004, if we may and have them re-listed on that date for mention. The purpose of that, sir, would be to permit further discussions between the parties relating to this matter and other litigation that is on foot between the parties dealing with the same subject matter.

PN79

Further, between today and that date, the order that the Commission issued in these proceedings earlier remains on foot. So, from our perspective or the perspective of my members, they would not be prejudiced in that position. It may be that the discussions between the parties could bring this matter to a conclusion and other litigation to a conclusion without the need for further lengthy proceedings.

PN80

THE DEPUTY PRESIDENT: There is no order that has issued arising out of these particular proceedings, though, is there?

PN81

MR COOKE: I believe there is, sir. There was an interim style of order for one month.

PN82

THE DEPUTY PRESIDENT: Yes, that is correct, yes.

PN83

MR COOKE: Yes, sir.

PN84

THE DEPUTY PRESIDENT: Dealt with the one issue though, in effect, wasn't it?

PN85

MR COOKE: No. For these employers, sir, there were actually two orders that are in force at the moment.

PN86

THE DEPUTY PRESIDENT: Yes, I am getting confused with the hot work order, yes.

PN87

MR COOKE: One dealing with the 37.5 and one dealing with matters more generally for a period of one month that was issued two weeks ago approximately.

PN88

THE DEPUTY PRESIDENT: Yes. I am sorry. I was getting it confused. There have been so many applications, Mr Cooke.

PN89

MR COOKE: I am sure - - -

PN90

THE DEPUTY PRESIDENT: You will have to bear with me. I try hard not to confuse them but this is the - yes, I understand.

PN91

MR COOKE: Yes. So, given that the order that was issued earlier in these proceedings remains on foot, on recollection, sir, to 8 April 2004. We believe that the request to have this matter adjourned and re-listed for mention on the 7th, may be the most appropriate way of dealing with the matter at this time. And as I said, there is litigation in other jurisdictions that needs to be contemplated between the parties and perhaps dealt with - the total matter as a whole, rather than just certain parts of it. If it please the Commission.

PN92

MR EDMONDS: Yes, sir, thank you, sir. I concur with that course of action, sir.

PN93

THE DEPUTY PRESIDENT: Yes. Well, I will adjourn these proceedings. Whether I can re-list on 7 April or not, I will determine my availability and there will be a communication between the parties from my Associate regarding a listing for mention only. I gather what you are saying that aforementioned request, Mr Cooke, that it would be of relatively short duration?

PN94

MR COOKE: Yes, that would be our expectation, sir.

PN95

THE DEPUTY PRESIDENT: Yes.

PN96

MR COOKE: Yes.

PN97

THE DEPUTY PRESIDENT: Okay. Thank you. These matters are adjourned.

ADJOURNED INDEFINITELY [10.31am]