C2004/4718, Transcript of Proceedings [2004] AIRCTrans 2688 (15 July 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 2912

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOFFMAN

C2004/4718
C2004/4719
C2004/4720
C2004/4721

APPLICATION TO STOP OR PREVENT
INDUSTRIAL ACTION

Application under section 127(2) by Bechtel
Australia Pty Ltd for orders in respect to the
Bechtel Australia Pty Ltd DLNG Project Certified
Agreement 2003

APPLICATION TO STOP OR PREVENT
INDUSTRIAL ACTION

Application under section 127(2) by Thiess Pty Ltd
for orders in respect to the Thiess Pty Ltd Darwin
LNG Project Earthworks Agreement 2003

APPLICATION TO STOP OR PREVENT
INDUSTRIAL ACTION

Application under section 127(2) by Thiess Pty Ltd
for orders in respect to the Thiess Pty Ltd DLNG
Project Tank Agreement 2003

APPLICATION TO STOP OR PREVENT
INDUSTRIAL ACTION

Application under section 127(2) by Thiess Pty Ltd
for orders in respect to the Thiess Pty Ltd DLNG
Project Marine Construction Agreement 2003

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

BRISBANE

MONDAY, 5 JULY 2004




EXTRACT OF TRANSCRIPT OF PROCEEDINGS [3.11pm]

PN1

THE COMMISSIONER: The Commission has had the opportunity to consider the submissions in this matter and has decided that, firstly, it will issue a recommendation accepting the difficulties that have been put in terms of locating at least some of the employees but, nevertheless, there is a recommendation that a meeting should take place tomorrow morning, 7 am, on site and that, following that meeting, there should be a return to work on the basis that the Commission would, on that return, make itself available in Darwin and on site on the afternoon of 15 July and morning of 16 July, at least, at this stage.

PN2

In the event that that recommendation is not accepted the Commission would issue orders which would take effect from Wednesday at 8 am. The times I have referred to are Darwin times, not Brisbane. The Commission is satisfied that there is industrial action taking place, that an application has been made by a party or person who is directly affected or on their behalf, that the work is currently regulated by certified agreements that apply to the respective companies, and those agreements are within their nominal expiry date. The Commission is concerned that the disputes procedure hasn't been followed, however, it would appear as a result of numerous discussions between the parties, a number of issues have not been resolved.

PN3

The Commission would note that the exemption provision with respect to the section 4 definition of "industrial action safety" as raised by the CFMEU is a valid point. The Commission has already pointed out that the draft order is inconsistent in a number of respects with respect to the unions on whom it would be served and whom are affected by this. Further, the unions, in respect to both their Federal officers and State officers, should be advised. Further, the company have undertaken to advise the employees in writing and in person of the order.

PN4

The Commission would suggest that they also should consider, as they have advertised last Sunday about the applications, might consider an advertisement, if it's not too late, in the paper tomorrow morning. At least that may help address the issue of the order taking effect from Wednesday. The order also shall only remain in force as submitted until 19 July or until further order of the Commission. The Commission would trust that it won't be necessary for the order to come into effect and I would ask the local union organisers and the delegates, plus I'm hoping at least one union official from Brisbane, may be able to be in attendance tomorrow morning and put the recommendation to the employees, in which case the orders will not issue. The Commission will give written decision and issue orders, if necessary, in due course.

END OF EXTRACT [3.15pm]