C2004/4304, Transcript of Proceedings [2004] AIRCTrans 2708 (15 July 2004)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS

O/N 12244

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER ROBERTS

C2004/4304

ENDEAVOUR COAL PTY LIMITED

and

CONSTRUCTION, FORESTRY, MINING
AND ENERGY UNION

Notification pursuant to section 99 of the Act
of an industrial dispute re alleged refusal to
complete belt inspections at Appin Colliery

SYDNEY

10.05 AM, TUESDAY, 6 JULY 2004

PN1

THE COMMISSIONER: Good morning. Appearances, please?

PN2

MR A. DEARDEN: Commissioner, I seek leave to appear on behalf of Endeavour Coal Pty Limited; with me today are MR B. NUBLEY, MR J. KERVROEDAN and MR R. WALSH.

PN3

MR G. WHITE: If it pleases the Commission, I appear for the CFMEU, South West; with me are MR W. MOTHERSBILL and MR G. PILCHER.

PN4

THE COMMISSIONER: Thank you. Mr White, do you oppose leave for Mr Dearden?

PN5

MR WHITE: I don't have a problem at this stage, Commissioner, if we are going down the track of conciliation. If we go into arbitration then I will certainly seek an adjournment to get legal representation equivalent to Mr Dearden.

PN6

THE COMMISSIONER: Well, that presents me with a problem in that to hear Mr Dearden make opening submissions I will need to grant him leave to appear. I am actually not certain whether I can grant partial leave to appear in proceedings. Would it be better, in the view of the parties, to perhaps sidestep this matter for a moment and go into conciliation or are you set on a hearing, Mr Dearden?

PN7

MR DEARDEN: No, we are certainly here today for the purpose of conciliation, to try to reach agreement in respect of that. If that assists and comforts Mr White then - - -

PN8

THE COMMISSIONER: Well, let's keep it all nice and friendly and we will adjourn into conference.

OFF THE RECORD [10.08am]

RESUMED [11.45am]

PN9

THE COMMISSIONER: During the break I have had the opportunity of discussing this case with the parties together and with each party separately. The parties have already conferred amongst themselves and together. It has been agreed that this matter will be set down for a report back before me in Sydney at 10.00 am on 20 July 2004, at which time the parties will tell me how they wish this matter to be progressed and will also advise the Commission as to whether any possible future hearing of this matter by way of arbitration will be conducted by me or whether either party wishes another member to be allocated, given that I have been involved in conciliation. Is the anything the parties wish to add to that?

PN10

MR DEARDEN: No, Commissioner.

PN11

MR WHITE: No, Commissioner.

PN12

THE COMMISSIONER: That being said, we will adjourn until 10 am on 20 July 2004.

ADJOURNED UNTIL TUESDAY, 20 JULY 2004 [11.46am]