AG2003/9313, Transcript of Proceedings [2004] AIRCTrans 374 (28 January 2004)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

AG2003/9313

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Theo Samaras Pty Limited and Another for
certification of the Theo Samaras Pty Ltd/CFMEU
Collective Agreement 2003

ADELAIDE

12.40 PM, MONDAY, 19 JANUARY 2004

PN1

MR B. CARSLAKE: Appearing with me is R. STEED from the CFMEU Construction Division, South Australia branch.

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Carslake. Given it is the first hearing of the year I will wish you a happy new year and trust the only time that I will see you this year will be for agreement certifications. Mr Carslake, I don't have an appearance from the Theo Samaras Proprietary Limited. That employer contacted my associate this morning and the indication was they did not wish the agreement to be certified. Do you have any further information relative to that issue?

PN3

MR CARSLAKE: No, Mr Commissioner. We tried again to contact Mr Samaras and had no luck. He just left a message at our office this morning indicating a similar situation. It does leave ourselves in a funny situation because our members still want to press ahead with the agreement and the union does as well because if we don't press ahead with it we would like to know where we stand in regard to protected action, etcetera etcetera. We believe it should be ratified. It is rather unusual but unless the Commission has got some fundamental problems with the agreement we want to press ahead.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes. Well, I note that I have now been provided with a copy of the union statutory declaration made by Mr Roberts. I haven't had an opportunity to look at that because I've only just received that. I do have a number of questions that I was going to address to both parties about the agreement. My questions won't be any great surprise to you at all but given the uncertainty as to the standing of the agreement in the eyes of Theo Samaras Proprietary Limited I propose to adjourn this proceeding to list the matter for a conference. I will write to Mr Samaras indicating to him the reason for this conference, which I don't imagine will take very long at all.

PN5

In the event that Mr Samaras does attend that conference and indicates at that conference that he wishes to proceed with the agreement then we will arrange it so that we can adjourn the conference into a hearing at very short notice and deal with the application at that point. If Mr Samaras indicates by either his refusal to attend that conference, in the light of the material which I will provide to him by way of a letter, or if he does attend the conference and then advises that he does not consider that he has an agreement with the union, then he and yourself will be in a far clearer position as to the standing of your members and the legitimacy of any possible industrial action. Does that approach appear to you to be an appropriate one?

PN6

MR CARSLAKE: Yes, Mr Deputy President. I would prefer to - he is the organiser.

PN7

THE SENIOR DEPUTY PRESIDENT: Perhaps, Mr Roberts, before you express a view you might want to have a brief talk with Mr Carslake. I would hate to have a split in the ranks.

PN8

MR ROBERTS: Yes.

PN9

MR CARSLAKE: Yes, I will have to schedule it.

ADJOURNED ACCORDINGLY [12.52pm]