C2005/4556, Transcript of Proceedings [2005] AIRCTrans 2168 (19 October 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13068-2

SENIOR DEPUTY PRESIDENT KAUFMAN

C2005/4556

COLES MYER LOGISTICS PTY LTD
AND
NATIONAL UNION OF WORKERS
s.127(2) - Appln to stop or prevent industrial action
(C2005/4556)

MELBOURNE

3.34PM, THURSDAY, 06 OCTOBER 2005

PN1

MR H SKENE: I seek leave to appear on behalf of the applicant.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Skene, leave is granted. Yes, Mr Lyons?

PN3

MR T LYONS: For the respondent, National Union of Workers.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes. I understand that this matter has been resolved after discussion between the parties. Is that correct?

PN5

MR SKENE: Resolved at least for the moment, your Honour. The application as you will have gathered, concerns industrial action that has occurred over the last two days at the distribution centre operated by Coles Myer Logistics at Woodlands in the state of Victoria. As a result of discussions this afternoon the parties have reached a position where some undertakings are going to be given and on that basis the CML does not intend to press the application at this stage but would seek an adjournment pending a full return to work and the commencement of a process on site to deal with certain issues.

PN6

We would seek, your Honour, that there be a report back next week once there has been that return to work and that process has commenced, subject to your convenience of course and also subject to the CML retaining discretion to apply in the event there is industrial action in the meantime and I wanted also to notify you in the event that there is not that that report back need not proceed on that day. So, perhaps at that point I might allow my friend to give the undertakings.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. Yes, Mr Lyons?

PN8

MR LYONS: Thank you, your Honour. Perhaps by way of concluding this if I can inform your Honour that work is proceeding as normal on the afternoon shifts at the facility as of now so if you like it's return to situation normal in respect of the afternoon shift at least at the site. In respect of where we have come to, to resolve this matter the union is happy to give an undertaking in the following terms. The first point is that the union and its organisers and officials will not organise or engage in industrial action at the Woodlands site.

PN9

Secondly, that the union and its organisers and officials will comply with the disputes procedure in the Woodlands EA and agree and, I am sorry and the agreed site processes in relation to the issues identified on 6 October 2005. Thirdly, the NUW will (a) recommend an immediate return to work to its members at the Woodlands site, (b) communicate to its members that the union supports all parties dealing with issues in accordance with the disputes procedure in the Woodlands EA and not by the taking of industrial action. Your Honour, that is the undertaking.

PN10

In respect of what my learned friend has put concerning the report back, it would be our submission that his client's interests are adequately protected by the liberty to apply but we don't press any great objection if he seeks a scheduled report back. The only point we would make, sir, subject to your convenience is that there is a process to go through next week at the site and were there to be a scheduled report back I think it may be proper that that is at the end of next week if it is to be scheduled to allow the parties to get a feel for whether the agreed process for resolution of some outstanding issues is rolling along so that is, it would be productive to have that at the back end of the week rather than the front, sir. If the Commission pleases.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you Mr Lyons, yes. Mr Skene, I must say it was going through my mind when you asked for both a report back and the liberty to apply and an opportunity to say you didn't need the report back.

PN12

MR SKENE: Yes. Belts and braces, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: Why you want it?

PN14

MR SKENE: Well there are - - -

PN15

THE SENIOR DEPUTY PRESIDENT: How about liberty to apply only?

PN16

MR SKENE: Certainly, your Honour and subject to those processes taking place in the way that is envisaged next week, we can perhaps notify you as to how we would intend to dispose of the application …..

PN17

THE SENIOR DEPUTY PRESIDENT: Yes. If everything goes smoothly and the matter is resolved you can withdraw the application in writing. It will save everybody the necessity of turning up at the Commission.

PN18

MR SKENE: Certainly, your Honour. Well look on that basis if we were given liberty to apply and - - -

PN19

THE SENIOR DEPUTY PRESIDENT: Yes, on short notice. I won't give you a time period but on short notice should matters not go as you and I hope they go, it will be relisted at short notice. It is my obligation to do so.

PN20

MR SKENE: Yes.

PN21

THE SENIOR DEPUTY PRESIDENT: But I am sure that that won't be necessary.

PN22

MR SKENE: Certainly, your Honour. I am content with that.

PN23

THE SENIOR DEPUTY PRESIDENT: Thank you gentlemen. I adjourn the Commission.

<ADJOURNED INDEFINITELY [3.40PM]