C2004/3139, Transcript of Proceedings [2004] AIRCTrans 1645 (29 April 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, 15 Adelaide St BRISBANE Qld 4000
(PO Box 13038 George Street Post Shop Brisbane Qld 4003)
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TRANSCRIPT OF PROCEEDINGS

O/N 2579

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOFFMAN

C2004/3139
C2004/3149

THE AUSTRALIAN WORKERS' UNION

and

CAPE FLATTERY SILICA MINES PTY LTD

Notification pursuant to Section 99 of the Act
of a dispute re recent termination of several
employees at the Cape Flattery Silica Mines
effective 31 March 2004

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY,
INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES
UNION OF AUSTRALIA

and

CAPE FLATTERY SILICA MINES PTY LTD

Notification pursuant to Section 99 of the Act
of a dispute re recent termination of several
employees effective 31 March 2004

BRISBANE

4.52 PM, WEDNESDAY, 21 APRIL 2004

PN1

THE COMMISSIONER: In what has been a difficult dispute, the Commission recommends that, in full and final settlement of it, that firstly the terminated employees should receive the original redundancy package, that is, not the enhanced package.

PN2

Secondly, only if special or extraordinary circumstances exist should employee applications for permission to return to the site to personal belongings be made and considered. They would also have to be viewed in light of the provisions of the injunction, and, further, security personnel in any case where it was approved for the employee to return to site would accompany such person.

PN3

Thirdly, for the future operating arrangements of the site, the company and unions should discuss appropriate award and agreement arrangements.

PN4

The Commission notes that the unions and their officers, particularly at the local level, namely, Mr Briskey and Mr Threlfall, have, as far as the Commission is concerned, acted in good faith throughout this dispute.

ADJOURNED INDEFINITELY [4.57pm]