C2004/1867, Transcript of Proceedings [2004] AIRCTrans 1215 (1 April 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6490
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

C2004/1867

VICTORIAN ASSOCIATION OF FOREST
INDUSTRIES

and

CONSTRUCTION, FORESTRY, MINING
AND ENERGY UNION

Notification pursuant to section 99 of the Act
of an industrial dispute re right of entry

MELBOURNE

12.47 PM, MONDAY, 22 MARCH 2004

PN1

MR P. RYAN: I appear on behalf of the Victorian Association of Forest Industries.

PN2

MR Y. PIPER: I appear on behalf of the Construction, Forestry, Mining and Energy Union.

PN3

THE SENIOR DEPUTY PRESIDENT: We will go into conference.

SHORT ADJOURNMENT [12.51pm]

RESUMED [12.55pm]

PN4

THE SENIOR DEPUTY PRESIDENT: Mr Ryan?

PN5

MR RYAN: Thank you, your Honour. Your Honour, what we are seeking today is a resolution of a matter that has had quite a history, most of the history of which has been outlined before you and was the subject of a conference before you on 4 March. What we are seeking today, your Honour, is the making of a consent award to reflect the agreed position arrived at between the parties which reflects the terms of settlement arising from this matter.

PN6

On that basis, your Honour, we would be seeking the making of a consent award to give effect to that agreement in the terms that have been tendered. If the Commission pleases.

PN7

THE SENIOR DEPUTY PRESIDENT: Mr Ryan, in clause 3B(1), should I add certified agreement there?

PN8

MR RYAN: Yes, your Honour. I forgot to mention that. We would seek that that clause be varied by including certified agreement. And there is one other additional change that we would seek to make to the document tendered, and that is at the final paragraph, paragraph (b), where we would seek to vary it so that it would read:

PN9

This award will come into effect on 22 March 2004, and will cease to operate on 21 March 2005.

PN10

With those proposed amendments we would be seeking the making of such an award. If the Commission pleases.

EXHIBIT #R1 AMENDED DRAFT AWARD

PN11

THE SENIOR DEPUTY PRESIDENT: Mr Piper?

PN12

MR PIPER: Thank you. If the Commission pleases, we would support the application from the Victorian Association of Forest Industries, for the reasons outlined, in that it will form a settlement of a dispute as has been described to you in the conferences. Thank you, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: Well, having regard to the material contained on the file in this matter, and also the submissions put to me, I am satisfied I should make the award as set out in exhibit R1, as amended. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The award will come into effect on 21 March 2004, and will cease to operate on 21 March 2005. I will now adjourn.

ADJOURNED INDEFINITELY [12.58pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #R1 AMENDED DRAFT AWARD PN11