C2005/2959, Transcript of Proceedings [2005] AIRCTrans 1293 (10 June 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11733-1

COMMISSIONER HOFFMAN

C2005/2959

BECHTEL AUSTRALIA PTY LTD
AND
THE AUSTRALIAN WORKERS' UNION AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
s.99 - Notification of an industrial dispute
(C2005/2959)

BRISBANE

10.10AM, MONDAY, 30 MAY 2005

PN1

THE COMMISSIONER: Is there anything further anyone wishes to put following our earlier conferences with respect to these matters?

PN2

MR C TOMLINSON: Just to make sure, we did produce a document at the hearing in relation to the ..... matter. In some discussion afterwards there was a suggestion that maybe some section of that could be deleted as it didn't really assist in resolving that.

PN3

THE COMMISSIONER: About 5 on the page starting "wage" - - -

PN4

MR TOMLINSON: Yes, "comparisons are attached".

PN5

THE COMMISSIONER: So have we got a new document?

PN6

MR TOMLINSON: I can tender it, replacement document. I think, Commissioner, there may be some additional paragraphs that really deal with settlement as per - not of any real substance.

PN7

THE COMMISSIONER: Were you going to put a new attachment as well with the second page that has the heading Project ..... where originally there was some wage comparisons down the bottom?

PN8

MR THOMPSON: No, Commissioner, we were just going to delete the wage comparisons section, that's all. That was really all we were trying to achieve, I think.

PN9

THE COMMISSIONER: To just use this document by itself as covering everything?

PN10

MR THOMPSON: That's right, yes. Really the purpose was just to remove the comparison. I think that really assisted.

PN11

THE COMMISSIONER: Then added those last couple of paragraphs in?

PN12

MR THOMPSON: Yes, Commissioner. I don't think it materially changes the settlement of the matter.

PN13

THE COMMISSIONER: No. Have all the unions had a chance to read that and are in agreement with that.

PN14

MR MOORHEAD: I'm just not sure what document that you are referring to.

PN15

MR THOMPSON: Commissioner, I'll just hand the copies. It may not have made its way to the unions.

PN16

THE COMMISSIONER: That appears to me to reflect the draft letter we got on 5 May. The only thing is as long as you are aware then whereas we had that attachment document that had those wage comparisons at the bottom. We're just not including that.

PN17

MR BROANDA: Commissioner, the AWU takes no objection to what has been tendered.

PN18

MR MOORHEAD: Nor here, Commissioner.

PN19

THE COMMISSIONER: Right, thank you. Can we finalise this one now then before we move on the other one?

PN20

MR THOMPSON: Yes, Commissioner.

PN21

THE COMMISSIONER: Following a conference of the parties on 17 May 2005 the parties were in agreement that in settlement of the dispute which arose out of a section 99 notification of an alleged industrial dispute by AIG on behalf of Bechtel Services Pty Ltd, involving the AWU, AMWU and CEPU, a conciliation conference was held with those parties. The outcome of that conciliation is reflected now in what I will mark as exhibit A1. That is the letter of 9 May 2005 from Bechtel to the union partners. That letter shall form the basis of settlement of that dispute. If there's nothing further that matter stands adjourned.

EXHIBIT #A1 LETTER FROM BECHTEL TO THE UNION PARTNERS DATED 09/05/2005
<ADJOURNED INDEFINITELY [10.15AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 LETTER FROM BECHTEL TO THE UNION PARTNERS DATED 09/05/2005 PN21