C2003/6254, Transcript of Proceedings [2004] AIRCTrans 2672 (14 July 2004)

AUSCRIPT PTY LTD
(Administrator Appointed)
ABN 76 082 664 220

Suite 25, Trafalgar Centre 108 Collins St HOBART Tas 7000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 0633

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

C2003/6254

AUSTRALIAN WORKERS UNION -
TASMANIAN BRANCH

and

CIVIL CONSTRUCTION CORPORATION

Notification pursuant to section 99 of the Act
of a dispute re entitlements of R. Davis, C. Haines
and K. Ponting re the benefits of clause 9.5 and 23
of the certified agreement

HOBART

10.02 AM, FRIDAY, 2 JULY 2004

PN1

MR R. FLANAGAN: I appear for the Australian Workers Union, Tasmania Branch.

PN2

MR J. ZEEMAN: I appear on behalf of the respondent.

PN3

THE DEPUTY PRESIDENT: No objection to leave being granted, I take it?

PN4

MR ZEEMAN: I seek leave - - -

PN5

MR FLANAGAN: No objection.

PN6

MR ZEEMAN: Sorry. I seek leave. Thank you.

PN7

THE DEPUTY PRESIDENT: That is fine, leave is granted, Mr Zeeman. Mr Flanagan?

PN8

MR FLANAGAN: Thank you, Deputy President. Deputy President, as you are aware this matter has been before the Commission for some time but hasn't actually moved forward. The parties have endeavoured to work through a process but we are still in that phase, if you like. What I would seek to do is provide to the Commission a copy of contentions as to facts which the union provided to the respondent in May of this year. The parties have agreed to attempt to develop an agreed statement of facts then to exchange contentions as to law in order to minimise the evidence which is required before the Commission.

PN9

Now, that particular document which I provided you with was the subject of discussions between the union and the respondent on 26 May and arising from that Mr Zeeman is to respond to points 3, 5, 14, 15, 16, 17 and 18, point 20 where it refers to the word "continuous" and that same issue in point 22 and point 24, and also in relation to point 25, 27 and 29 and Mr Zeeman also has reserved the right, if you like, to add any additional facts that the respondent would seek to rely upon. It has been agreed that that will occur by close of business on Friday, 9 July.

PN10

THE DEPUTY PRESIDENT: This year?

PN11

MR FLANAGAN: Of this year, yes, Deputy President, and the union will then provide its contentions as to law to the respondent by close of business on Monday, 19 July, and Mr Zeeman will provide the contentions as to law on behalf of the respondent by close of business on Monday, 26 July. It is hoped that that process will significantly minimise any requirements as to evidence and in terms of the employees it is not unimportant. One of the employees now resides interstate, the other is based in the far north-west of the State and the other on the west coast and of course the respondents are down here in Hobart, so there are some logistical issues there that we have attempted to overcome by applying this process.

PN12

THE DEPUTY PRESIDENT: So is it hoped that the process will not then make it necessary for the employees to give evidence; is that - - -

PN13

MR FLANAGAN: That is what we are hoping, yes.

PN14

THE DEPUTY PRESIDENT: That makes sense.

PN15

MR FLANAGAN: And it may be that the respondent won't need to give evidence either. It will really just depend on what flows from that material which is exchanged. So in those circumstances we would simply seek directions that the parties identify the facts which are agreed and not agreed by 9 July; that the union provide its contentions as to law to the respondent by Monday, 19 July, and that the respondent provide to the union its contentions by Monday, 26 July, and that we have discussions with your associate following that process to identify how much time would be required for a hearing.

PN16

THE DEPUTY PRESIDENT: All right.

PN17

MR FLANAGAN: If it pleases the Commission.

PN18

THE DEPUTY PRESIDENT: That sounds reasonable. Mr Zeeman?

PN19

MR ZEEMAN: I don't think I can add anything to that, thank you.

PN20

THE DEPUTY PRESIDENT: You agree with that?

PN21

MR ZEEMAN: I agree entirely, yes.

PN22

THE DEPUTY PRESIDENT: Yes. All right. Look, what I will do is I will issue some directions in line with the sort of timing that you have provided and then once you have gone through that process if you just check with Sharyn or advise Sharyn as to how long you think you are going to require and then we shall attempt to pluck a day or half a day or half an hour, whatever is required, to be available.

PN23

MR FLANAGAN: Thank you, Deputy President.

PN24

THE DEPUTY PRESIDENT: Okay. On that basis we will adjourn the proceedings to a time and a date to be fixed. Thank you.

ADJOURNED INDEFINITELY [10.08am]