C2005/3809, Transcript of Proceedings [2005] AIRCTrans 1485 (11 July 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12044-1

COMMISSIONER BLAIR

C2005/3809

SOUTH PACIFIC TYRES (A PARTNERSHIP BETWEEN PACIFIC DUNLOP TYRES PTY LTD & GOODYEAR TYRES PTY LIMITED)
AND
NATIONAL UNION OF WORKERS AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA
s.99 - Notification of an industrial dispute
(C2005/3809)

MELBOURNE

1.05PM, WEDNESDAY, 29 JUNE 2005

PN1

MR P FARQUHAR: I appear on behalf of South Pacific Tyres with
MR G ROWLEY.

PN2

MS S ALLISON: I appear with MR C LARKIN on behalf of the National Union of Workers and with us we also have the NUW delegates for SPT.

PN3

MR T BRADLEY: With me are the delegates for the AMWU from South Pacific Tyres.

PN4

THE COMMISSIONER: Yes, Mr Farquhar.

PN5

MR FARQUHAR: Commissioner we think this matter may be expedited if we go into private conference. I guess we have a number of positions that we want to put and at this stage we have a preference that they're not on transcript and become a public document. We just think that it would be beneficial for all parties.

PN6

THE COMMISSIONER: Thank you. Does anybody have any objections to going into conference. No?

PN7

MS ALLISON: No Commissioner.

PN8

THE COMMISSIONER: Okay, the Commission will go into conference thanks.

OFF THE RECORD

PN9

THE COMMISSIONER: This is C2005/3809 which is a section 99 notification with South Pacific Tyres being the applicant and the National Union of Workers and the Automotive, Food, Metals, Printing and Kindred Industries Union being parties to the notification. The notification revolves around a decision by members of both unions to participate in what is termed a political protest, to be held on Thursday, 30 June 2005. The Commission has had a conference between the parties and separately to see whether or not an agreement could be reached. The Commission is unable to have the parties reach an agreement. The Commission therefore believes it appropriate that it issue a statement with a strong recommendation.

PN10

The statement would be along the lines that, although the protest for 30 June 2005 is termed a political protest, and the Commission understands the reasons for that terminology, the implications of that mean that it is and can fall within the heading of industrial action. The Commission does understand that negotiations did occur between the parties, or at least the NUW and South Pacific Tyres, about trying to reach a compromise where a delegation on behalf of at least the NUW members, were able to attend the political protest to be conducted on
30 June 2005. The Commission would have to say, that the position put by the company, in terms of the size of that delegation, in the Commissions view was fair and reasonable. However, that position, although fair and reasonable, was in the Commissions view, unfairly rejected by the NUW members.

PN11

Following that rejection, there were further discussions where a compromise was put by the NUW, with the benefit of hindsight, would have been a more desirable outcome than having now what will be a cessation of production, for 30 June. Having said that, the Commission would strongly recommend that the NUW members and the AMWU members attend for work as normal on Thursday,
30 June 2005 and that the original proposition put by the company, in terms of the delegation, the Commission would recommend to the unions that that be accepted. Commission will stand adjourned.

<ADJOURNED INDEFINITELY [2.27PM]