C2005/5123, Transcript of Proceedings [2005] AIRCTrans 2233 (26 October 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13159-1

COMMISSIONER WHELAN

C2005/5123

TABCORP HOLDINGS LIMITED
AND
AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION
s.127(2) - Appln to stop or prevent industrial action
(C2005/5123)

MELBOURNE

3.44PM, THURSDAY, 13 OCTOBER 2005

PN1

MR L JOHNS: I seek leave to appear on behalf of Tabcorp Holdings Limited.

PN2

MR T CLARKE: I seek leave to appear for the ASU.

PN3

THE COMMISSIONER: Thank you. I am assuming as you're both seeking leave that neither of you are objecting to the other. On that basis, I will grant leave to both to appear. Mr Johns.

PN4

MR JOHNS: Commissioner, this is an application pursuant to section 127(2) of the Workplace Relations Act to the making of an order under section 127(1). It is an order that would bind the Australian Services Union and those persons named in the application. If I can deal with the matter of service of the hearing notice and application on those people.

PN5

THE COMMISSIONER: Yes.

PN6

MR JOHNS: The application and notice of hearing was served by facsimile on the union addressed to the attention of both Rachel Takats and also to Ingrid Stitt, both of whom I understand are in the Commission this afternoon.

PN7

THE COMMISSIONER: You're assuming they got it.

PN8

MR JOHNS: Yes. Also in attendance are Jan Cusland, Greg Blade and that leaves three of the delegates, Jo Craddock. Attempts have been made to contact her by telephone and they have been unsuccessful. Glen Martin is I understand interstate and there's been no success in contacting him and I am also informed that while Sue Mezis has been contacted, she's indicated her unavailability to attend here today.

PN9

THE COMMISSIONER: So are you saying that neither of Ms Craddock,
Ms Mezis or Mr Martin have actually been served with this?

PN10

MR JOHNS: That's correct. Commissioner, this afternoon a letter was sent to the ASU in reference to these proceedings and indicating that although Tabcorp was prepared to proceed with its section 127 application, it would provide the union with an opportunity to give an undertaking to the Commission that it would not engage in or promote industrial action. I understand from my friend that there's been some discussions with his client in relation to that undertaking and that there might be some merit in the parties moving into conference to discuss the form that that undertaking might take, subject to what my friend has to say.

PN11

THE COMMISSIONER: Thanks, Mr Johns. Mr Clarke.

PN12

MR CLARKE: Thank you, Commissioner. That is correct. The ASUs position is that it's unable to enter into the undertaking in the form it's been provided, but happy to discuss the appropriate form of an undertaking with the assistance of the Commission in conference.

PN13

THE COMMISSIONER: Okay.

PN14

MR CLARKE: Need I add, the application is opposed?

PN15

THE COMMISSIONER: Right. I will take that as given, Mr Clarke. On that basis, I think the appropriate course of action at this stage is to go into conference and have some discussion about whether there may be an appropriate form of undertaking that can resolve this matter without the necessity to proceed to hear the evidence.

<SHORT ADJOURNMENT [3.48PM]
<RESUMED [6.28PM]

PN16

THE COMMISSIONER: Arising out of these proceedings this afternoon, discussions have been held in the Commission concerning outstanding issues between the parties in relation to the projected closure of the Box Hill call centre in March 2006. The parties will further meet in relation to those outstanding issues and report back to the Commission on 28 October 2005.

PN17

The ASU has given the following undertaking in relation to these proceedings, that the ASU will not authorise, direct or call for industrial action by members employed by Tabcorp during the spring carnival period between 14 October and 15 November 2005. Further, no official or delegate present in these proceedings will encourage or support the encouragement of the taking of any industrial action by members during that period.

PN18

The parties agree that they will utilise and comply with the dispute resolution clause of the agreement in the resolution of the remaining issues in dispute. Now, is that essentially where we stand?

PN19

MR JOHNS: Yes, Commissioner.

PN20

MR CLARKE: There should be a reference perhaps to Tabcorp call centres.

PN21

THE COMMISSIONER: Sorry?

PN22

MR CLARKE: Maybe after the references to industrial action.

PN23

THE COMMISSIONER: I see, yes, members employed by Tabcorp in their call centres, is that the reference?

PN24

MR CLARKE: That's the reference we're seeking.

PN25

THE COMMISSIONER: Okay, fine, because that's the only matter that's before me. I will make sure that that's clear. All right, on that basis, have we satisfactorily resolved that? In that case, what I will do is I will adjourn this application pending the report back. At the time of the report back, I'd like to be in a position to see whether the matter can actually be withdrawn at that stage and hopefully we will be in a position to be able to do that.

<ADJOURNED ACCORDINGLY [6.31PM]