C2004/6916, Transcript of Proceedings [2005] AIRCTrans 167 (25 January 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10024

COMMISSIONER EAMES

C2004/6916,C2005/1629

s.127(2) - appln to stop or prevent industrial action

Westpoint Constructions Pty Ltd
and
Construction, Forestry, Mining and Energy Union
(C2004/6916)
National Building and Construction Industry Award 2000

s.127(2) - appln to stop or prevent industrial action

Westpoint Constructions Pty Ltd
and
Construction, Forestry, Mining and Energy Union Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
(C2005/1629)
National Building and Construction Industry Award 2000

MELBOURNE
EXTRACT OF TRANSCRIPT OF PROCEEDINGS

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11.11AM, WEDNESDAY 12 JANUARY 2005

Adjourned sine die

<EXTRACT OF TRANSCRIPT OF PROCEEDINGS [11.11AM]

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PN1

COMMISSIONER EAMES: I chaired a conference involving the parties to these matters to see if it was possible to ensure that work would continue at the relevant site that Westpoint Constructions are involved in, and it is pleasing to record for the transcript that in fact an agreement has been reached.

PN2

As I understand it, whilst there has been a bargaining period notified to the commission by the AMWU, and a section 170 notification has been indicated by Mr Terzic on behalf of the employees that he represents at the site, that a recommendation will be made to the AMWU people at the site that work continues as normal, at least until the 24th of this month, when c2004/6916 was due for report back before Commissioner Simmons. That recommendation will be made to the employees, and it is anticipated that that will be adopted.

PN3

Mr Wainwright, on behalf of the CFMEU had indicated earlier in the proceedings, on the record, that currently there is no industrial action taking place at the site, that involves his members, and that there are no plans for any industrial action to take place certainly in the period before the 24th of this month.

PN4

In discussions with the company, represented by Mr Shaw and Mr Fanning, it has been indicated that the outstanding matters that exist between the parties currently, to some extent are to be referred to the Building Disputes Board fairly shortly, in an attempt to resolve those issues. Mr Fanning has indicated that he would be recommending to the employer that the AMWU ought to be involved in those discussions and at the end of the day be subject to the agreed outcomes that might be flowing from that Board. On the basis of that undertaking, and the undertakings that have been given by the unions, it would be my strong recommendation, and I understand that the company would accept this recommendation, that the current applications that were joined earlier this morning, pursuant to section 127, would be adjourned at this stage, and that the files would be referred back to Commissioner Simmons.

PN5

The Commissioner, for his part, has indicated that if in fact further industrial action occurs, initiated by any of the parties, and I include Westpoint Constructions in the recommendation, that the matter be referred back to the commission as quickly as practicable, and I will undertake to re-list the matters at short notice and deal with any issues that might arise. However I don't anticipate that the should occur before the 24th of this month, and I rely on the undertakings that have been given by the parties in relation to it.

PN6

Is there anything further that any of the parties wants to put on the record at this stage? Mr Shaw.

PN7

MR SHAW: I just think perhaps I would be wise if, for the purpose of the record, that the parties confirm that you have outlined and stated what is indeed the position between them, and I, on behalf of the company, can confirm that what you have said is he company's position.

PN8

THE COMMISSIONER: Thank you. Mr Wainwright.

PN9

MR WAINWRIGHT: I also confirm the outline be placed on the record, Commissioner.

PN10

MR TERZIC: On behalf of the AMWU I do likewise.

PN11

THE COMMISSIONER: Thank you. Then these proceedings are adjourned.

<ADJOURNED INDEFINITELY [11.18 AM]
<END OF EXTRACT [11.18AM]