C2005/5069, Transcript of Proceedings [2005] AIRCTrans 2265 (28 October 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13188-2

COMMISSIONER HOFFMAN

C2005/5069

THIESS PTY LTD
AND
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA
s.127(2) - Appln to stop or prevent industrial action
(C2005/5069)

BRISBANE

2.03PM, MONDAY, 17 OCTOBER 2005

Continued from 12/10/2005
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PN1

THE COMMISSIONER: The Commission has considered the submissions and evidence in this matter. The Commission is satisfied that the work is covered by a certified agreement of this Commission, Thiess Sedgman Joint Venture Saraji Upgrade Project Agreement 2005, which is not beyond its nominal expiry date of 15 May 2008. The applicant joint venture was directly affected by past industrial action and the applicants submit is to be directly affected by and would be affected by the Commission accepts in future such action.

PN2

The Commission has considered the history of the two lots of two days' industrial action in the last month that have occurred without the provisions of the disputes procedure, which exists in the agreement to deal with disputes of this nature, not having been followed by the respondents in this particular matter. The Commission is satisfied that there is probable industrial action and that action would be illegitimate and contrary to the provisions of the Workplace Relations Act. The Commission is nevertheless conscious of the fact that the officials, or organisers, will be on site tomorrow morning for the meeting at seven am. This order is in no way a reflection of the Commission's confidence that those organisers will use their best endeavours to get a normal resumption of work.

PN3

The Commission also requests those organisers in conjunction with delegates and local managers, once normal work has resumed at eight am tomorrow morning, to confer and address any unresolved issues in accordance with the disputes procedure. If, having genuinely followed that procedure, there are any matters that any party requires the assistance of the Commission in terms of progress in accordance with that procedure, the Commission would make itself available as soon as practical to do so. The Commission does not, and will not, in any circumstances order that industrial action stop or not occur where there is any risk of the exception or exemption of the definition of industrial action in section 4 of the Act.

PN4

However, in the circumstances to date, the Commission is not convinced that such issues are current and imminent, nor were they when the industrial action was taken last Wednesday and Thursday, in particular. The applicant is required to produce a formal draft order which would at item 5 - date of effect - take effect at 7.30 am on 18 October and remain in force until 5 pm on 31 October 2005 or until further order of this Commission. The Commission would expect that if there are difficulties as I indicated earlier still outstanding that those matters would be brought to the Commission well before 31 October.

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