C2004/5502, Transcript of Proceedings [2004] AIRCTrans 3373 (30 August 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 10, 15 Adelaide St BRISBANE Qld 4000
(PO Box 13038 George Street Post Shop Brisbane Qld 4003)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 3167

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOFFMAN

C2004/5502

APPLICATION TO STOP OR PREVENT
INDUSTRIAL ACTION

Application under Section 127(2) of the Act
by Thiess Pty Ltd for orders in respect of
industrial action concerning the use of monogoggles

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

BRISBANE

WEDNESDAY, 18 AUGUST 2004

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [3.30pm]

PN1

THE COMMISSIONER: The Commission has had the opportunity to consider the affidavit of Mr Turpington and the submissions in this matter.

RECORDED : NOT TRANSCRIBED

PN2

THE COMMISSIONER: The matter arises out of an application under section 127 of the Workplace Relations Act by Thiess Proprietary Limited, seeking an order to prevent industrial action occurring at the ..... Construction Project in Gladstone. The proposed order would be binding on the AWU and the AMWU and their officers, employees, delegates and agents, and members employed by and in the employment of the company.

PN3

The unions have conceded that there is jurisdiction within section 127 of the Act in that there is an industrial dispute, that the work is covered by a current certified agreement; that is it's within its normal - or I should say nominal expiry date. The agreement also does make provision for employees to wear appropriate safety equipment. Section 127 of the Act will be set out. Section 4 will also be set out.

PN4

The Commission is concerned that the disputes resolution procedure in the agreement has not been followed. There was adequate warning given back in June that the wearing of monogoggles would become compulsory as the project construction occurred to the stage whereby caustic would be introduced into different areas of the plant. I can understand, in some circumstances, that there can be difficulties with goggles, but more generally it's a problem that is encountered more in the warmer weather, where with some models of goggles, fogging can occur.

PN5

The Commission, in any order, would make clear the provision that, in accordance with section 4 of the Act, if an employee did have an imminent about their health and safety, then clearly there are actions that can be taken that would be consistent with the requirements of the Act. However, at this stage, no attempt has been made to have any meaningful discussions. They can be initiated promptly, and if the parties, having followed through that procedure, there are still difficulties, then the Commission would certainly be available to assist the parties.

PN6

The company have given an undertaking that they would participate in discussions with the relevant representatives of the union in order to see if any concerns can be relevantly addressed. However, at this stage I am of the opinion that industrial action is happening. It is proposed to continue until Monday of next week, and in the Commission's opinion is, or is plainly likely to be not protected action in accordance with the requirements of the Act.

PN7

The draft order, with slight amendment, will be granted on the basis that the operation of the order shall apply from 6.30 am tomorrow morning, 19 August, and remain in force till 6.30 am on 17 September. This is to ensure that the work that is currently being done is implemented in case there are minor delays after the planned completion date of 3 September. An order will issue accordingly.

END OF EXTRACT [3.37pm]