C2005/1602, Transcript of Proceedings [2005] AIRCTrans 188 (28 January 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10038

SENIOR DEPUTY PRESIDENT LACY

C2005/1602,C2005/1603,BP2005/1448

s.166A - restriction on certain actions in tort

Berkeley Challenge Pty Ltd
and
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union-Victorian Branch
(C2005/1602)
Building Services (Victoria) Award 2003

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

Berkeley Challenge Pty Ltd
and
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union-Victorian Branch
(C2005/1603)
Building Services (Victoria) Award 2003

s.170MI - notice of initiation of bargaining period

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
and
Berkeley Challenge Pty Ltd
(BP2005/1448)

MELBOURNE

10.15AM, THURSDAY, 13 JANUARY 2005

Continued from 7/1/2005

Hearing continuing

PN98

THE SENIOR DEPUTY PRESIDENT: Good morning. I apologise for my late arrival. I was unavoidably detained just prior to coming here. Mr Trindade, where are we?

PN99

MR TRINDADE: Your Honour, there have been some further discussions. It may be worthwhile I think if we can perhaps adjourn into conference, if the Commission is acceptable to it.

PN100

THE SENIOR DEPUTY PRESIDENT: Yes. What do you say about that, Mr Terzic?

PN101

MR TERZIC: Your Honour, we support that course, but while I am on my feet I might introduce Ms Andriana Camelleri who is the AMWUs delegate in the Spotless workforce at the Holden site. She is at the bar table.

PN102

THE SENIOR DEPUTY PRESIDENT: Yes, all right. Well, unless there is anything else you want to say on the record we will adjourn into conference.

<SHORT ADJOURNMENT [10.16AM]
<RESUMED [10.52AM]

PN103

THE SENIOR DEPUTY PRESIDENT: During the course of the adjournment there have been discussions between the parties about the way in which this matter has progressed to date and a program has been agreed for the further hearing of a preliminary matter relating to the AMWUs capacity to represent the people who are engaged in the cleaning services at Holden and following upon those discussions I will make these directions, that:

PN104

(1) The Commission will conduct an inspection of the site at 10.30 am on Wednesday, 20 January 2005;
(2) Secondly, that on or before close of business on 21 January 2005 the parties will file in the Commission and with my associate an agreed state of the facts;
(3) On or before 28 January 2005 the parties file in the Commission with my associate any written statements upon which they seek to rely and the matter be fixed for hearing on 2 February 2005.

PN105

Can I just indicate, those directions will be incorporated in the notice of listing tht is sent out to the parties. But also could I ask the parties to file anything they can file electronically by email with my associate and he will provide you with the details of the email address and so forth.

PN106

MR TERZIC: Your Honour, if I may just at this stage raise a matter that's just been raised with me a moment ago by Mr Bradley and that is, Mr Bradley has asked whether it would be possible to have a short stop work session tomorrow for the purposes of reporting back to the members what has happened up to now, what is expected of them and how this matter will proceed over the next few weeks. It's my submission that such a course is prudent because it will be necessary to inform the members what their obligations are in terms of not taking other such industrial action and the stop work wouldn't be industrial action if it was authorised of course so we are seeking the company's goodwill in relation to this, a little bit of goodwill especially after the letter that has been referred to in my conference might help persuade things and allow for smooth and harmonious proceedings in relation to this matter.

PN107

THE SENIOR DEPUTY PRESIDENT: Yes. Perhaps I should just state for the record and confirm with you, Mr Terzic, that during the course of the conference Mr Bradley has undertaken that there will be no industrial action pending the determination of this preliminary matter concerning constitutional coverage. Do you confirm that?

PN108

MR TERZIC: Yes, yes.

PN109

THE SENIOR DEPUTY PRESIDENT: All right. Mr Trindade, what do you say about the - - -

PN110

MR TRINDADE: I am instructed that that would be acceptable. What we would say is that we would be happy for there to be a report back at the end of the shift. I understand that these employees work till 3.30 so perhaps if that can be at 3.15, at the end of the shift.

PN111

THE SENIOR DEPUTY PRESIDENT: Yes.

PN112

MR TRINDADE: I don't know whether that is to be today or tomorrow. The only thing .....

PN113

THE SENIOR DEPUTY PRESIDENT: Go on, Mr Trindade.

PN114

MR TRINDADE: Sorry. I can hear from perhaps my friend that that might not be the end of the shift. Well, perhaps 15 minutes before the end.

PN115

THE SENIOR DEPUTY PRESIDENT: Before the end of the shift.

PN116

MR TRINDADE: Before the end of the shift and we would release the employees. The only thing we would say is obviously we would need to, as we are not the occupier of the site, we would need to seek approval from our client and I don't believe that there would be any problem with that. As long as the meeting was very much on the basis that that would be Mr Bradley attending the site to have that discussion and then departing forthwith and not seeking to do other things which may require him to exercise rights under the Act.

PN117

THE SENIOR DEPUTY PRESIDENT: Well, he has already indicated there will be no industrial action.

PN118

MR TRINDADE: Certainly, but obviously once on site there are other people on site. If Mr Bradley wants to go and talk to say other employees, perhaps employees of Holden and employees of other contractors, that would obviously need to be performed in a way that he would need to exercise his rights under the Act.

PN119

THE SENIOR DEPUTY PRESIDENT: Yes, but that has got nothing to do with you, if he talks to employees of Holden.

PN120

MR TRINDADE: Certainly not. But in terms of agreeing to it, we would obviously need to - - -

PN121

THE SENIOR DEPUTY PRESIDENT: Well, you don't agree to it, obviously.

PN122

MR TRINDADE: But in terms of agreeing to the releasing, one of the things we ensure that our client would expect of us is that we would obtain certainly some form of undertaking that that was the purpose of the meeting and that it wouldn't turn into something else. Otherwise we would be going to Holden and saying, you know, are you happy for us that Mr Bradley come on site to have a meeting and we don't know what he might do afterwards. Now, if I was Holden I would probably say no to that and I would say if he wants to come on he can exercise his rights under the Act. So in order to facilitate us facilitating moving it through to our client we would appreciate that, your Honour.

PN123

THE SENIOR DEPUTY PRESIDENT: What Mr Terzic, first of all, what do you say about the release 15 minutes before the end of the shift?

PN124

MR TERZIC: Yes, that's fine and in relation to any issues concerning Holden Mr Bradley has informed me that he is in regular contact with the Holden personnel manager and if he has got any other business to do with Holden he will take that up with Holden direct and it won't be any incumbrance that will fall on and be challenged in this regard.

PN125

THE SENIOR DEPUTY PRESIDENT: Thank you. Is that satisfactory,
Mr Trindade?

PN126

MR TRINDADE: That's fine, your Honour.

PN127

THE SENIOR DEPUTY PRESIDENT: Yes, all right. Mr Terzic, in the course of the conference you also informed me that you would as a matter of record note that the notices of industrial action are formally withdrawn, is that correct?

PN128

MR TERZIC: Yes, your Honour.

PN129

THE SENIOR DEPUTY PRESIDENT: Yes. Anything else?

PN130

MR TERZIC: I just wanted to seek clarification when that release of employees will be, whether it will be today or tomorrow.

PN131

THE SENIOR DEPUTY PRESIDENT: I see.

PN132

MR TERZIC: We are quite comfortable with either. I suppose it is Mr Bradley's - - -

PN133

MR TRINDADE: Tomorrow.

PN134

THE SENIOR DEPUTY PRESIDENT: Very well.

PN135

MR TERZIC: Thank you.

PN136

THE SENIOR DEPUTY PRESIDENT: Anything else, Mr Terzic? Very well. The matter is adjourned until the inspection at 10.30 am on 20 January.

<ADJOURNED ACCORDINGLY [10.59AM]