C2004/1981, Transcript of Proceedings [2004] AIRCTrans 1305 (5 April 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6526

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LEWIN

C2004/1981

MEDIA ENTERTAINMENT AND ARTS ALLIANCE

and

DAVID ATKINS ENTERPRISES

Application under section 170LW of the Act for
settlement of dispute re alleged failure to resolve
dispute concerning the production "The Full Monty"

MELBOURNE

10.31 AM, WEDNESDAY, 24 MARCH 2004

Continued from 27.2.04

PN55

MS S. BINGHAM: I seek leave to appear this morning on behalf of the Media Entertainment and Arts Alliance.

PN56

MR D. HAMILTON: Continuing the appearance for the respondent.

PN57

THE COMMISSIONER: Yes, well, there is no objection to leave, I take it?

PN58

MR HAMILTON: No, objection.

PN59

THE COMMISSIONER: Granted. Yes, the purpose of today's hearing is for the return of two summonses that have been issued.

PN60

MS BINGHAM: That is correct, Commissioner. My instructors have had discussions with Mr Hamilton and we have come to some agreement as to the production of the items in - item 1 and item 2. The union does not intend to press item 3.2 and I also understand that there is no issue with respect to item 3.1, 3.3 and 3.4.

PN61

THE COMMISSIONER: Can they be confirmed please.

PN62

MR HAMILTON: That is correct, Commissioner. It may be best if I tender those documents now.

PN63

THE COMMISSIONER: Yes, thank you.

PN64

MR HAMILTON: Just by way of clarification, Commissioner, all the paperwork regarding the production of The Full Monty was held by IMG Live Pty Ltd; David Atkins Enterprises, was, kind of, the silent partner, if I could say that. The documents we have before us are all from the IMG Live offices. Commissioner, do you want me to go through those documents or - - -

PN65

THE COMMISSIONER: No, I think the tabling of the documents answers the summons. Should I mark this as an exhibit, do you think?

PN66

MS BINGHAM: Yes, if you wouldn't mind, Commissioner.

EXHIBIT #A1 BUNDLE OF DOCUMENTS

PN67

MS BINGHAM: What has been agreed is that we have been provided with what - a sample set of contracts as opposed to the full 18.

PN68

MS BINGHAM: The sample set will be sufficient for the purposes of the union with respect to the proceedings that are on foot.

PN69

THE COMMISSIONER: Yes. Well, I think that dispenses with the purpose of today's proceedings, does it not?

PN70

MS BINGHAM: Commissioner, if I - I just may add one thing. The union provided a outline of evidence two weeks ago - two weeks last Friday, of Mr Pound. Since that point in time, there have been discussions in the union and full witness statements. One of Mr Pound and one of Michelle Rice will be provided to the Commission hopefully by close of business this afternoon, complete with exhibits which may assist the Commission with respect to the proceedings on next Tuesday.

PN71

THE COMMISSIONER: Thank you. Yes, is there anything further?

PN72

MR HAMILTON: No.

PN73

THE COMMISSIONER: No. Yes, well I adjourn these proceedings until next Tuesday as listed. Thank you.

ADJOURNED UNTIL TUESDAY, 30 MARCH 2004 [10.36am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 BUNDLE OF DOCUMENTS PN67