C2004/105, Transcript of Proceedings [2004] AIRCTrans 2406 (28 June 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 1855

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

C2004/105

TIMBER INDUSTRY CFMEU WOOD PANELS
AWARD 2000

Application under section 113 of the Act
by the Construction, Forestry, Mining
and Energy Union to vary the above award
re Safety Net Review May 2004 rates and
allowances

ADELAIDE

3.05 PM, THURSDAY, 17 JUNE 2004

PN1

MS M. ADLAM: I appear on behalf of the CFMEU, Forestry and Furnishing Products Division.

PN2

THE SENIOR DEPUTY PRESIDENT: Ms Adlam, it is probably appropriate that I indicate that I have received only about 45 minutes ago, through my associate, an advice from Mr Tidswell, the Manager, Human Resources, Carter Holt Harvey, advice to the effect that Carter Holt Harvey consent to the section 113 application to vary the rates and allowances of the Timber Industry CFMEU Wood Panels Award of 2000. On that basis, Mr Tidswell advised that he would not be attending the hearing this afternoon.

PN3

Now, this matter was originally listed for what I call an E-hearing on the basis that all of the parties had to confirm their agreement with a draft order on or before 2 June. We received advice from the other respondent to this award.

PN4

MS ADLAM: Mr Dwayne Sickert from Geraldwin.

PN5

THE SENIOR DEPUTY PRESIDENT: That is correct. I'm just wondering how to pronounce that. It is Geraldwin, is it?

PN6

MS ADLAM: Win.

PN7

THE SENIOR DEPUTY PRESIDENT: Thank you. Fibre of Australia Operations, to the effect that he endorsed the order, the draft order proposed by the CFMEU. However, in the absence of advice from Carter Holt Harvey, I considered it appropriate to proceed to a hearing. We now find that that hearing is unnecessary but nevertheless, given that the matter was listed, I considered it appropriate to proceed. I have noted that the CFMEU have provided a draft order. I've noted that the CFMEU have provided or included an undertaking in the terms set out in the May 2004 Safety Net Wages Review.

PN8

I don't require any other statement from you unless you want to make one. Save and except that I would indicate to you that I propose, in the absence of anything you wanted to say in opposition to your own application, that I would propose to make the order sought in the terms of that draft order.

PN9

MS ADLAM: Thank you, sir. Any comment from me seems superfluous.

PN10

THE SENIOR DEPUTY PRESIDENT: Very well. The order that I make is in the terms of the draft order provided by the CFMEU on 31 May 2004. The order will come into effect from the first pay period on or after 21 September 2004 and will continue in force for a period of 3 months. To that extent, my order varies from the draft order. That order will be prepared and forwarded out to the parties to this award within the next few days and I can only indicate my disappointment that our attempt at trialing the E-hearing process in this award failed because it appeared that one employer didn't read the instructions. I will adjourn the matter on that basis.

ADJOURNED INDEFINITELY [3.10pm]