C2005/3231, Transcript of Proceedings [2005] AIRCTrans 1947 (21 September 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12828-1

COMMISSIONER GAY

C2005/3231

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
AND
FORD MOTOR COMPANY OF AUSTRALIA LIMITED
s.99 - Notification of an industrial dispute
(C2005/3231)

MELBOURNE

12.05PM, FRIDAY, 26 AUGUST 2005

Continued from 15/8/2005

Hearing continuing

PN143

THE COMMISSIONER: Mr Cole continues his appearance for the AMWU as do Mr Mahon and Mr Smith for Ford. There's been a conference over the last little while this morning in the Commission with the parties and the subject of the conference has been the need for - it becomes readily apparent now, for the unions unhappiness at the position which has emerged as to the change in the nature of workgroup meeting times to be the subject of a determination. To that effect there has been some timetabling. I'm not going to issue formal directions, there's no need to do so. Mr Cole has undertaken to outline - to file in the Commission and sever on Ford an outline of his argument by Friday 9 September and Ford will similarly file in the Commission and serve on the union their response by Friday 23 September. I should ask you Mr Cole, is it likely there'll be witness evidence necessary?

PN144

MR COLE: It's our intention to call three witnesses, Commissioner.

PN145

THE COMMISSIONER: Well then together with your outline of arguments if there could be an outline setting out the evidence. I don't say there has to be a witness statement but an outline of - name the three people and the evidence that - a summary of the evidence they are likely to give. Then equally Ford, if you propose to lead witness evidence then if you could do the same thing in your material. Further, it is understood that Mr Cole will over the next few days ensure that the union provides to Ford correspondence with a copy to the Commission that sets out the - formulates the issue which the union asks to be determined.

PN146

Mr Cole has given a pretty close, but not I suspect final and definitive version of the issue. But he's identified the issue and it of course relates to the dispute he says exists over the Ford's claimed right to make what the union describes as policy changes in breach of the industrial instruments which have had the effect of reducing the nature of workgroups from 35 to 30 minutes. That isn't meant to confine the way Mr Cole's rendition of his claim because only he knows what it is, in its ultimate sense when he writes it down. Then I've indicated to the parties that the Commission would be very likely to have that matter on within the next several weeks after that so it's likely to be the first or second week of October. Unless there's something else arising gentlemen, I'll adjourn.

<ADJOURNED INDEFINITELY [12.15PM]