C2004/5839, Transcript of Proceedings [2004] AIRCTrans 4292 (5 November 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 8882

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LEWIN

C2004/5839

TRANSPORT WORKERS' UNION
OF AUSTRALIA

and

ACTION JAMES PTY LIMITED

Notification pursuant to section 99 of the
Act of a dispute re wages and conditions
Of employment

MELBOURNE

4.25 PM, WEDNESDAY, 27 OCTOBER 2004

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA
VIDEO LINK-UP AND RECORDED IN MELBOURNE

PN452

THE COMMISSIONER: Good afternoon. I gather in this matter that the company Time Master trading as Quick Express proposes to put forward an application pursuant to section 111(1)(g) of the Act, Mr Uphill. Is that right?

PN453

MR UPHILL: That is correct, Commissioner.

PN454

THE COMMISSIONER: So that will need to be programmed.

PN455

MR UPHILL: Yes.

PN456

THE COMMISSIONER: Do you have a view as to what will be required for the hearing of the application?

PN457

MR UPHILL: Commissioner, I don't envisage it will be a lengthy matter.

PN458

THE COMMISSIONER: Will there be any evidence?

PN459

MR UPHILL: There would be evidence from Mr Hughes.

PN460

THE COMMISSIONER: Just from Mr Hughes?

PN461

MR UPHILL: Yes.

PN462

THE COMMISSIONER: And perhaps some written material, documentary material?

PN463

MR UPHILL: We can do it that way if you wish, Commissioner, yes.

PN464

THE COMMISSIONER: Is it proposed that you be filing any documentary material?

PN465

MR UPHILL: I briefly spoke to Ms Ryall earlier today and we spoke about the possibility of dealing with the matter via written submissions and witness statements, but we didn't progress that matter to any sort of finality given that we weren't sure about your wishes and commitments.

PN466

THE COMMISSIONER: Well, I think it would be useful if you filed an outline of your case, in any event, whether or not we actually sit to hear the evidence or whether the evidence is admitted by consent in the form of written statements and that Mr Hughes would prepare an affidavit. Is that suitable to you?

PN467

MR UPHILL: I don't have any problem with that, Commissioner, if I prepare an outline of our submissions and a witness statement.

PN468

THE COMMISSIONER: Well, I am thinking that if it is going to be evidence that may not be examined, then it should be in the form of an affidavit, rather than a witness statement.

PN469

MR UPHILL: Very well.

PN470

THE COMMISSIONER: It should be a thorough affidavit.

PN471

MR UPHILL: Very well.

PN472

THE COMMISSIONER: I am mindful of the fact that you are in Perth and if the evidence is to be cross-examined, we will have to make a decision as to whether or not it is appropriate to do that using a video link or whether or not it is appropriate to actually hear Mr Hughes' evidence in the Commission with the presiding member present, but that can be deferred, that decision can be deferred, so in the meantime, please prepare an outline of the case, please take an affidavit from Mr Hughes, please consider if any other documentary material needs to be filed and having done all of that, could you please file that with the Commission and serve it upon the Transport Workers' Union?

PN473

MR UPHILL: I can do that.

PN474

THE COMMISSIONER: And what would be a convenient date by which you would do that?

PN475

MR UPHILL: I would need at least a fortnight, Commissioner.

PN476

THE COMMISSIONER: All right, so it is now 27 October. Will we say 10 November?

PN477

MR UPHILL: That would be a fortnight, yes.

PN478

THE COMMISSIONER: Very well, by the close of business on 10 November.

PN479

MR UPHILL: Very well.

PN480

THE COMMISSIONER: And, Ms Ryall, I will give you an opportunity to file a similar response to the extent that you wish to. How long would you need for that?

PN481

MS RYALL: Well, without knowing the nature of the objection, it is hard to know what time to take.

PN482

THE COMMISSIONER: All right. Well, let us say I give you a week in the first instance, to the 17th.

PN483

MS RYALL: Okay.

PN484

THE COMMISSIONER: And if you want an extension of time based on perceived complexities, then you should apply for that in due course, once you have received the material on the 10th or shortly thereafter.

PN485

MS RYALL: Thank you, Commissioner.

PN486

THE COMMISSIONER: I think that is all we can do today, isn't it?

PN487

MR UPHILL: The other aspect, Commissioner, is I would like an opportunity to of course response to any submissions that the union wishes to put in. I just need to - - -

PN488

THE COMMISSIONER: What I had in mind is - - -

PN489

MR UPHILL: - - - perhaps request a further week after.

PN490

THE COMMISSIONER: All right. Look, I will take note of that. Once I have seen the paper cases, I will decide whether or not I want - what we want to do about the situation of Mr Hughes' evidence. It may be the case that the union doesn't seek to cross-examine him. It may be the case that they do. I think that will be the crucial procedural determinant. Once I know that, from what Mr Ryall files, I will make a decision about the future, but I won't leave you without an opportunity of replying, Mr Uphill.

PN491

MR UPHILL: Very well.

PN492

THE COMMISSIONER: Thank you, so I will adjourn these proceedings to a time and date to be fixed subject to the filing of the materials which are the subject of the directions made this afternoon. Thank you.

ADJOURNED INDEFINITELY [4.31pm]