C2004/1061, Transcript of Proceedings [2004] AIRCTrans 2334 (23 June 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 1836
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DANGERFIELD

C2004/1061

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act
by United KG Pty Limited for an order to stop
or prevent industrial action by the Australian
Workers Union, The Automotive, Food, Metals,
Engineering, Printing and Kindred Industries
Union and the Construction, Forestry, Mining and
Energy Union

ADELAIDE

10.43 AM, FRIDAY, 11 JUNE 2004

Continued from 7.6.04

PN347

THE COMMISSIONER: Now, some slight changes to appearances, are there?

PN348

MR J. HANKIN: I seek leave to appear as a solicitor on behalf of UKG with MR G. CORNISH.

PN349

THE COMMISSIONER: I gather this is a report back and for that purpose, Mr O'Malley, I presume there will be no objection for the purposes of this morning. I notice that we have got a number of other parties who have dropped off. I should indicate to the parties that I know - we have been advised by the AWU and by CEPU that they did not think it was necessary for them to attend this morning and I said from my understanding of proceedings it probably was not necessary, it was a report back. Mr Hankin, perhaps you can fill us in where we are.

PN350

MR HANKIN: I forwarded to the Commission a copy of a letter from the UKG Project Manager, dated 8 June 2004, it is a letter from Mr Rinaldo Dalzotto. The letter contains six separate points which I understand the parties are agreed will form the basis of an agreed resolution or a process by which all of the issues between UKG and the relevant unions and the employees can be resolved. My understanding is the six points set out in the letter from Mr Dalzotto are acceptable to all of the unions concerned. That not only the current issues but if any other issues arise in the future they will be resolved in accordance with the process set out there. In light of that, my client seeks leave to withdraw its application for orders under section 127 of the Workplace Relations Act.

PN351

THE COMMISSIONER: Thank you. Mr O'Malley?

PN352

MR O'MALLEY: Only one issue here which I need to raise. I must say that I just want to express my disappointment with this Commission and certainly my disgust with this company who dragged us through the mill for no reason. This was just - while I accept your decision, I just feel that a little bit more in depth consideration could have resolved this issue, particularly from United KG. This issue could have been resolved by just reading their EBA and the clause which says and defines exactly what an employee was. It is in that light that I just raise point 4 of this agreement which says - my apologies, this is the first time I have actually seen this document - it says:

PN353

The unions and eligible members commit to no further strike action following dispute resolution procedure.

PN354

We have no problems whatsoever about the dispute resolution procedure. I do have a problem about accepting that our members were on strike when they were not even employees so I just want to put that on record, your Honour.

PN355

THE COMMISSIONER: Mr Emmerson?

PN356

MR EMMERSON: Yes, Commissioner, I have to follow to Mark O'Malley's line on this one. We don't believe that there was any attempt to try and defuse the situation before it was brought to the Commission. We believe that the Commission was used as a tool against the unions in this, what I would like to describe as a debacle. I believe Mark has just outlined the reasons. We don't believe the majority of those workers were employed correctly by UKG. They had not followed the induction procedure correctly. There was a number of things they hadn't followed through correctly.

PN357

Once again I do believe it was a waste of the Commission's time because I believe we could have found a common ground on this so called dispute and I believe we could have had it fixed before we were brought before the Commission. We just never had the time. We never had the chance and I would just like to leave it there.

PN358

THE COMMISSIONER: Anything to respond to, Mr Hankin?

PN359

MR HANKIN: No, sir.

PN360

THE COMMISSIONER: Well, I indicate the events of last weekend and Monday, in particular, was somewhat chaotic from everyone's point of view and for those who were up in Whyalla, even the arrangements for the hearing, the different parties up there, somewhat chaotic as section 127 applications often are and particularly now that there is that provision for interim orders in section 127 applications. It is very difficult for the Commission, or indeed for any party, one side or the other, to handle section 127 matters in what I might describe as an elegant fashion.

PN361

However, history is the history, we are where we are today. I can indicate for the record clause 7 of the interim order made by the Commission on Monday 7 June 2004, in both this matter and also matter C2004/1062, provided that the interim order would come into effect on 7 June 2004 and remain in force until and I quote, "final disposition of the applications presently before the Commission." I can advise the parties that the other file, the application by OneSteel, C2004/1062, was closed and returned to the Melbourne Registry earlier this week on Wednesday 9 June.

PN362

Having now heard from the parties today in the present matter, C2004/1061, the application by United KG, this present file will now also be closed. Both applications that therefore gave rise to Monday's interim order are thus now finalised and closed. The interim order therefore, according to its terms, expires accordingly. The Commission stands adjourned.

ADJOURNED INDEFINITELY [10.49am]