C2005/1599, Transcript of Proceedings [2005] AIRCTrans 1513 (12 July 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12072-2

COMMISSIONER DANGERFIELD

C2005/1599

LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
AND
BAXTER IMMIGRATION DETENTION FACILITY
s.170LW - Application for settlement of dispute (certification of agreement)
(C2005/1599)

ADELAIDE

8.48AM, FRIDAY, 01 JULY 2005

Continued from 27/6/2005

PN35

THE COMMISSIONER: I think we set this for report back. Mr Love you're probably in a position, are you to give me some idea as to what's happened with your discussion with the workers?

PN36

MR LOVE: Yes, sir. First off, I'm instructed that there is seven workers who wish to pursue the issue of permanency with GSL out of, I think the total on that site were nine or ten.

PN37

THE COMMISSIONER: Now, when you say "wish to pursue permanency" what's happened with the other two? Are they - - -

PN38

MR LOVE: I don't have instructions on that, sir. All I have are the details of our members who wish to pursue - are still in dispute with the employer on this issue.

PN39

THE COMMISSIONER: So, they wish to pursue the idea of permanency in Adelaide as opposed to - - -

PN40

MR LOVE: That's correct. They're not interested in the move to Port Augusta.

PN41

THE COMMISSIONER: Anything further to report?

PN42

MR LOVE: I received a fax from the other side on 29th, but I've not had the opportunity yet to have a chat with my friend about agreeing to what they've suggested. So, perhaps if we could go into conference it might be useful, because we've got some concerns of what they've proposed and have some of our own suggestions, rather than doing that on transcript.

PN43

THE COMMISSIONER: Mr Bakewell, anything for the record?

PN44

MR BAKEWELL: Commissioner, I think where we left you, Mr Peter Franklin from the company was going to have some discussions with employees on that afternoon, which he did have. I can confirm that as a result of those discussions, no employee wished to take up the offer of a permanent position at Baxter and two or three of the employees expressed an interest, however, in continuing as a casual at Adelaide on the basis of work that would arise from time to time. That might well account for the difference in what Mr Love has put to you about those who wished to seek a permanent position in Adelaide.

PN45

THE COMMISSIONER: Anyway, it does seem as though whatever the precise numbers, there is a majority, a core majority I suppose we could call it, who wish to pursue with the claim as originally lodged by the union. Then we'll go off the record.

OFF THE RECORD

PN46

THE COMMISSIONER: I can indicate that having discussed the matter with the parties, the Commission will issue some directions. They will be basically along these lines that both parties are to provide a list of documents by 8 July, the LHMU is to provide copies of its statements and outline of submissions by
12 July, GSL is to provide a copy of its witness statements and outline of submissions by 15 July.

PN47

Also, on 15 July the union is to present draft orders that it will be seeking from the Commission in order to resolve the dispute. Then on 18 July, the respondent will provide draft orders that it seeks from the Commission to resolve the dispute and both parties will file their final outline of submissions and any relevant references to case law by the 18th as well. I'll find some words to put that down in directions and I'll get that out to you today. We'll adjourn.

<ADJOURNED ACCORDINGLY [9.03AM]