C2004/5401, Transcript of Proceedings [2004] AIRCTrans 3261 (19 August 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 8233

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GRAINGER

C2004/5401
C2004/5192
C2004/5193
C2004/5195

CONSTRUCTION, FORESTRY, MINING
AND ENERGY UNION

and

ACI TECHNICAL SERVICES PTY LTD

Notification pursuant to section 99 of
the Act of dispute re right of entry to
the Spotswood Plant

APPLICATION FOR REVOCATION BY
COMMISSION MEMBER OF ENTRY
PERMIT

Application under section 285G of the
Act by ACI Technical Services Pty Limited
to revoke permits

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the
Act by ACI Technical Services Pty Ltd and
Others for an order to stop or prevent
industrial action

RESTRICTIONS IN TORT

Notice under section 166A of the Act by
ACI Technical Services Pty Limited and Others
re alleged industrial action at the Spotswood
site

MELBOURNE

3.15 PM, FRIDAY, 6 AUGUST 2004

PN1

THE COMMISSIONER: I will take appearances first. Mr Borenstein, you might, in your appearance, just let me know who else is appearing for the unions in these various matters.

PN2

MR G. BORENSTEIN: Can I let each individual say who they appear for? I am not entirely sure.

PN3

THE COMMISSIONER: No, no, no, I just want to know who is next after you, that is all.

PN4

MR BORENSTEIN: Okay, I appear for the CEPU.

PN5

MR S. DARGAVEL: I appear for the AMWU.

PN6

MR F. O'GRADY: I appear for the CFMEU. I just want to mention to the Commission, I am also waiting on Mr Wainwright who is tied up in a matter next door.

PN7

THE COMMISSIONER: Yes, yes, all right.

PN8

MR O'GRADY: He should be coming shortly.

PN9

THE COMMISSIONER: Yes, thanks.

PN10

MR J. COONEY: I appear for the CEPU, plumbing division and with me is MR P. McCRUDDEN.

PN11

THE COMMISSIONER: Yes, thanks, very much. Thanks, Mr Cooney.

PN12

MR O'GRADY: I should have mentioned, also MR B. PRESTON who is the union health and safety officer as well.

PN13

THE COMMISSIONER: Yes, thanks very much. Yes, Ms Zeitz?

PN14

MS S. ZEITZ: I seek leave to appear for the applicants named in each of the applications for an order to stop or prevent industrial action and the written notice of intention to bring an action in tort, they being, ACI Technical Services Pty Ltd and Andreco Hurll Refractory Services Pty Ltd, John Beaver Australia Pty Ltd, O'Donnell Griffin Victoria, a subsidiary of Tyco Asia Pacific Pty Ltd and Fleetwood Industrial Services Pty Ltd. I also seek leave to appear with respect to the application for revocation of permit holder for ACI Technical Services Pty Ltd and ask that the Commission note for the record an amendment to that application deleting Andreco Hurll. That was included in error in the applicant.

PN15

THE COMMISSIONER: Yes.

PN16

MS ZEITZ: So the applicant in that proceeding is only ACI Technical Services. If the Commission pleases.

PN17

THE COMMISSIONER: Good, thanks very much. Well, what I am going to do is start with the matter which first came before me which is the section 99, C2004/4501, so - sorry, I should deal with Ms Zeitz' seeking leave. Mr Borenstein, I will just start with you and your view on that.

PN18

MR COONEY: No objection is taken, your Honour.

PN19

THE COMMISSIONER: Yes.

PN20

MR BORENSTEIN: Could I say that I have had - - -

PN21

THE COMMISSIONER: Don't provoke me, Mr Borenstein.

PN22

MR BORENSTEIN: Sorry, sorry, Commissioner. We have had some conversation about how to proceed in these matters and we have both agreed that going straight into conference might be the best - most timely thing to do and have discussions in conference.

PN23

THE COMMISSIONER: Yes, all right, well, I might just see. Mr Dargavel, are you happy with that?

PN24

MR DARGAVEL: Yes, Commissioner.

PN25

THE COMMISSIONER: Yes and have you got any objection to my granting leave to Ms Zeitz, Mr Dargavel?

PN26

MR DARGAVEL: No.

PN27

THE COMMISSIONER: Thanks. Mr O'Grady, the issue of leave and then the issue of going into conference?

PN28

MR O'GRADY: We will go into conference and we don't have any problem about Ms Zeitz, sir.

PN29

THE COMMISSIONER: Yes, thanks very much and Mr Cooney?

PN30

MR COONEY: Commissioner, no and yes, which is no to objecting to leave and yes to going into conference.

PN31

THE COMMISSIONER: Yes, thanks, Ms Zeitz, I am happy to grant you leave. I do so on the basis that I hope you will be able to be of assistance to the Commission both in the terms of any proceedings on the record and in terms of any conciliation proceedings. I can assure you I will let you know if I find you are not being helpful. Thanks very much and we - I am happy to go straight into conference and I am taking it that you all have a scenario worked out for progressing the conciliation conference at that stage.

PN32

The other thing is it is - look, I see we have got quite a large crew here and you might just - before I come back in for the conference, you might just have a discussion amongst yourselves about how many people actually need to be here for the conference. If Ms Zeitz has got no objection I don't have a problem with everybody staying in. But I only note, really, with a number of unions actually involved there really isn't going to be a lot of scope for other people in the room and the union representatives to participate in the discussion between the company and with the assistance of the Commission. So I will now adjourn and I will reconvene in a few moments in conference, thank you.

NO FURTHER PROCEEDINGS RECORDED