C2005/2943, Transcript of Proceedings [2005] AIRCTrans 1132 (12 May 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11459-1

SENIOR DEPUTY PRESIDENT ACTON

C2005/2943

AUSTRALIAN AUTOMOTIVE AIR PTY LTD
AND
NATIONAL UNION OF WORKERS
s.166A - Restriction on certain actions in tort
(C2005/2943)

MELBOURNE

2.40PM, WEDNESDAY, 04 MAY 2005

PN1

MR T LYONS: I appear on behalf of the National Union of Workers, and with me is MR A THOW.

PN2

THE SENIOR DEPUTY PRESIDENT: Mr Lyons, there is no appearance by the company or their legal representative. The application was filed in the Commission at 12.40 today, and a notice of listing. I might say that that application was filed by Baker and McKenzie acting for Australian Automotive Air Pty Ltd, and notice of listing was sent to the National Union of Workers, Australian Automotive Air Pty Ltd and Baker and McKenzie at 1.26 pm today. Our notice of listing indicates that the facsimile that was sent, being the notice of listing, was successfully received by all those parties to whom it was sent. And the matter, of course, was listed for 2.30 today. It is now 3.44 pm. We have attempted to contact Mr Dixon, who is the partner at Baker and McKenzie that lodged the section 166A application, but we are told by the person on the telephone at Baker and McKenzie, a woman named Megan, that he is unavailable. I must say, Mr Lyons, in light of that I am inclined to dismiss the application for want of prosecution. They have been notified, we have attempted to contact them, but the representative of the company is unavailable.

PN3

MR LYONS: We would encourage your Honour in that course. We have come here today to make the application. We say there is a series of problems with it in any case, not the least of which is that, on my instructions, any property owned by AAA that was in the premises, left the premises in the early hours of Monday morning. And our organiser - to inform the Commission - Mr Glover, had a conversation with Mr Dixon to that effect earlier this morning at which point, I am instructed, Mr Dixon expressed some surprise that that would be the case. But it is our instructions that the company has no remaining property within the premises at which the industrial dispute is occurring. So, whether that explains their absence, I don't know. But we came here to make the application, we say there is no tortious conduct. In the circumstances, we ask your Honour to dismiss the notification.

PN4

THE SENIOR DEPUTY PRESIDENT: I notice that Baker and McKenzie is located at 525 Collins Street, Melbourne, which is, I think, even if you walk it, half an hour at tops.

PN5

MR LYONS: The Rialto building, your Honour, yes.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes. So it's hard to believe they couldn't get here on time. In the circumstances, I will dismiss the application.

PN7

MR LYONS: If the Commission pleases.

<ADJOURNED INDEFINITELY [2.44PM]