C2004/3835, Transcript of Proceedings [2004] AIRCTrans 2074 (3 June 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 11416

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

C2004/3835

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act
for an order to stop or prevent industrial
action re threatened stoppages of work
between Thursday 20 May 2004 and Sunday
23 May 2004

SYDNEY

10.03 AM, MONDAY, 24 MAY 2004

Continued from 18.5.04

THESE PROCEEDINGS WERE CONDUCTED BY VIDEO CONFERENCE FROM SYDNEY

PN53

THE COMMISSIONER: Can I have the appearances again please?

PN54

MS R. BRADY: If the Commission pleases, I am the Senior Employer Relations Officer for P & O Ports.

PN55

MR M. MURPHY: If the Commission pleases, I appear on behalf of the CEPU and with me today appears MR J. YOUNG, he is an organiser of the Queensland Branch, MR G. DALY and MR P. OTAGO who are the delegates at P & O Ports Brisbane, appearing with them in addition is MR B. DONNELLY, MR P. MUSCAT and MR L. MILLICAN, who are rank and file members of the CEPU at the site.

PN56

THE COMMISSIONER: Yes, thank you. Since the last time that this matter was before me, what has occurred, Mr Murphy or Ms Brady?

PN57

MS BRADY: Thank you, Commissioner. Thank you for listing the report back for today. Following the outcome of the company's application of section 127 orders on Tuesday, 8 May, the CEPU and all members withdrew the threat of industrial action and accordingly P & O did not press for those orders. As agreed, at that time, management met with the CEPU represented by Mr Murphy and the two delegates, Mr Peter Otago and Mr Grant Daly to continue negotiations for a new agreement, that was last Thursday, 20 May.

PN58

We certainly believe that the meeting was very useful and the parties have set in place steps to continue the negotiations with a new position having been put to the company by the CEPU on Friday, 21 May for the company to consider and the company is to be putting something back today in relation to its position and then considering also the position put by the CEPU on Friday. In light of this, negotiations are continuing and discussions are continuing. In our view, it's probably premature to utilise the Commission's time further today, in particular the company is still to respond to the position of last Friday and to put its own position.

PN59

I can say that the negotiations resulted in some fairly major steps with the CEPUs position being something that hasn't been put or considered before. So we hope that discussions will continue. I know from discussions with Mr Murphy that certainly the CEPU and the employees are keen to have some further conciliation perhaps next week in view of the fact that we're continuing negotiations at the moment, perhaps that would be useful and the company would certainly be willing to participate if the Commission were minded to list it. Thank you, Commissioner.

PN60

THE COMMISSIONER: Ms Brady, in relation to P & O responding, will that be through you or through somebody in Brisbane?

PN61

MS BRADY: That will be through me, Commissioner.

PN62

THE COMMISSIONER: Right, yes, thank you, Mr Murphy?

PN63

MR MURPHY: Thank you, Commissioner. I'm probably not as optimistic or as happy as my colleague is from P & O, with respect, to how the negotiations have proceeded which is probably evidenced by the attendance in Brisbane this morning in fact. What I think is probably useful this morning, Commissioner, is noting that P & O haven't responded to the position that we in fact put to them on Friday morning and the CEPU are awaiting that response sometime today.

PN64

It might be appropriate to go off record while we have the group of delegates and officials from Queensland to do some programming for future meetings in Brisbane if you were minded to do that and then set a further report back to you, I would imagine towards the end of next week. In addition to reporting back, perhaps set some time aside to conciliate the matter a little further if that was required. I am hopeful it won't be required. I'm hopeful that P & O will see that the offer we put to them is a pretty reasonable one, although there are some problems with it, I understand that, but I think we need to explore a little further on the actual program when we meet, while we've got everyone here by video link, Commissioner.

PN65

THE COMMISSIONER: Yes, we will go off the record.

OFF THE RECORD

RESUMED [10.14am]

PN66

THE COMMISSIONER: The parties have conferred about a number of programming matters and I understand next Monday, 31 May, the parties will resume their negotiations with a view to settling the differences between them. Depending on the outcome of that, there will be listed sometime on 1 June, subject to video availability, a report back meeting and, again, as I indicated, if there is a need to conciliate the matter further or a few outstanding matters, then that might be able to occur in Brisbane either later in next week or the beginning of the week after.

PN67

On that basis, I think there's nothing further to do but to adjourn these proceedings. Thank you.

ADJOURNED ACCORDINGLY [10.15am]