AG2004/3174, Transcript of Proceedings [2004] AIRCTrans 1992 (31 May 2004)

AUSCRIPT PTY LTD
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(Administrator Appointed)
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TRANSCRIPT OF PROCEEDINGS


O/N 7136

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

AG2004/3174

ESSO OFFSHORE CERTIFIED AGREEMENT 2003

Application under section 170MD(2) of the Act
by Esso Australia Pty Limited to vary certified
agreement

MELBOURNE

10.06 AM, TUESDAY, 18 MAY 2004

PN1

MR S. PILL: I seek leave to appear on behalf of the applicant in this matter.

PN2

MR M. ADDISON: I appear on behalf of the Australian Manufacturing Workers Union together with MR S. DODD and MR R. RITTA and I also appear this morning, your Honour, on behalf of the CEPU with MR P. CAIN.

PN3

MS E. WALTERS: I appear on behalf of the Australian Workers Union.

PN4

THE SENIOR DEPUTY PRESIDENT: What do you say, Ms Walters, about Mr Pill having leave to appear?

PN5

MS WALTERS: I consent. No problem.

PN6

THE SENIOR DEPUTY PRESIDENT: Sorry, you don't object?

PN7

MS WALTERS: No.

PN8

MR ADDISON: I don't object for the purposes of this morning, your Honour, but I reserve my right with regard to substantive matters.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Addison. Leave is granted, Mr Pill.

PN10

MR PILL: Thank you, your Honour. Your Honour, this matter involves an application under section 170MD(6) of the Act. What we seek this morning is directions in relation to progress of the matter and I have a document that I might hand up. It is a document entitled applicant's minutes of proposed directions. Your Honour will see that it provides for directions in relation to outlines of submissions, witness statements and documents and ultimately a direction for a listing for a hearing.

PN11

I shared this document with my friends five minutes before we started and I understand that there is general consensus that these are appropriate directions. Can I flag too minor matters, your Honour. One is it is a reasonably relaxed timetable, if I can describe it as that, but part of the reason or the primary reason for that is there is two witnesses in particular who have some significant limitations as to availability. One of those witnesses is located in South Africa and another of those witnesses I am instructed is headed to the Australian outback for a couple of months and hence their availability together with counsel's availability dictated the timetable that is concluded in these directions.

PN12

The second comment, your Honour, is that direction 5 I have cast as a direction at the moment a notification obligation for video conferencing. It is really at the moment to do no more than foreshadow that there is a particular witness in South Africa. It is not know at this stage whether he will be able to be present in person. I don't seek any further directions at the moment other than to foreshadow that we may - - -

PN13

THE SENIOR DEPUTY PRESIDENT: Could we perhaps take his evidence in South Africa?

PN14

MR PILL: From my point, your Honour, more than happy to go to South Africa to take his evidence. I am not sure my client would agree to that approach.

PN15

THE SENIOR DEPUTY PRESIDENT: Very well.

PN16

MR PILL: If your Honour pleases.

PN17

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Pill. I will hear from Mr Addison, what do you have to say?

PN18

MR ADDISON: Yes, thanks, your Honour. Your Honour, we have got no objection to the table that is outlined, obviously of course subject to your availability for two days from 2 September. If your Honour pleases.

PN19

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Addison.

PN20

MS WALTERS: We have no objections to the directions, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Walters.

EXHIBIT #E1 MINUTES OF PROPOSED DIRECTIONS

PN22

THE SENIOR DEPUTY PRESIDENT: The only concern I have is what happens if between now and the end of the timetable there is further action dependent or reliant on the agreement as it stands?

PN23

MR PILL: Well, your Honour, if there was such action and it precipitated some form of application by my client, necessarily it will be client if the matter, for example, is a section 127 application to establish that there is industrial action that is occurring, threatened, impending or probable. It may be that the persons on my right seek to argue that it is not necessarily that may require that the sitting member to make a determination as to the effect of, amongst other things, clause 39F.

PN24

In casting the directions we were conscious of that issue, your Honour, and unfortunately the question of witness availability has dictated the timetable that I have put forward.

PN25

THE SENIOR DEPUTY PRESIDENT: Very well. And what is the nominal expiry of the agreement?

PN26

MR PILL: September 2005, your Honour.

PN27

THE SENIOR DEPUTY PRESIDENT: Very well. I will make the directions in terms of exhibit E1. The directions will be included or incorporated in the notice of listing that will be sent out to the parties during the course of today. All of those dates by the way are week days I presume, are they?

PN28

MR PILL: Yes, they are. 2 September, I will run through them quickly. 25 June is a Friday. 23 July is a Friday. 7 August is a Friday. 2 September your Honour, is a Thursday and 7 August, as I say, is a Friday.

PN29

THE SENIOR DEPUTY PRESIDENT: Yes, all right. Anything else?

PN30

MR PILL: No, there isn't.

PN31

THE SENIOR DEPUTY PRESIDENT: Thanks, Mr Pill. Mr Addison?

PN32

MR ADDISON: Nothing from me, your Honour.

PN33

THE SENIOR DEPUTY PRESIDENT: Ms Walters?

PN34

MS WALTERS: No, your Honour.

PN35

THE SENIOR DEPUTY PRESIDENT: Thank you. Very well. The matter is adjourned until 2 September.

ADJOURNED UNTIL THURSDAY, 2 SEPTEMBER 2004 [10.12am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #E1 MINUTES OF PROPOSED DIRECTIONS PN22