C2005/1925, Transcript of Proceedings [2005] AIRCTrans 635 (15 March 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10853

SENIOR DEPUTY PRESIDENT LACY

C2005/1925

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

Alcoa Portland Aluminium Pty Ltd
and
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union The Australian Workers' Union Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(C2005/1925)
Portland Aluminium (Operations) Agreement, 2004

MELBOURNE

FRIDAY, 25 FEBRUARY 2005

Continued from 22/2/2005

PN1

MS C CHEW: I have instructions from the ETU that I will be appearing on their behalf this morning.

PN2

THE SENIOR DEPUTY PRESIDENT: You appear on behalf of the ETU. I should indicate that an official from the ETU telephoned my associate and indicated that you would be appearing on their behalf.

PN3

MR G WATSON: Your Honour, since this matter was last before you we wrote to each of the union concerning undertakings and I tender a copy of the letters that we sent to each of the unions. The letters are in identical terms your Honour, and what I have handed to you are three letters, one to the AWU, one to the CEPU and one to the AMWU and it refers to the proceedings before your Honour and it indicates what happened on the last occasion. The unions have indicated preparedness to give undertakings and we have indicated the terms of an undertaking which we consider to be appropriate in the circumstances.

PN4

There have been some discussions on site about these matters since then but there has not been a formal reply although I believe that the unions are in a position to give a response now, or to put something on record but there has not been any written response but it is probably appropriate that we allow the unions to provide a response at this stage.

PN5

MS E. WALTERS: Your Honour, my instructions are that we are in a position to make the undertaking as sought by Alcoa Portland Aluminium Pty Ltd in the form sought that has been provided to our union in writing and that - - -

PN6

THE SENIOR DEPUTY PRESIDENT: That is in the letter dated 23 February 2005?

PN7

MS WALTERS: Yes. Your Honour, have you marked that?

EXHIBIT #1 LETTER TO THE CEPU, ELECTRICAL BRANCH DATED 23/2/2005

PN8

MS WALTERS: Your Honour, that is the letter that is addressed to the State Secretary of the Australian Workers' Union?

PN9

THE SENIOR DEPUTY PRESIDENT: Yes.

PN10

MS WALTERS: For the purpose of the transcript what we say is that the Australian Workers' Union and I am instructed by Mr Gadston who is the organiser and the representative referred to by Mr Watson that, and he has indicated to me his preparedness to take the undertaking on behalf of the union and I do so in these proceedings as well.

PN11

THE SENIOR DEPUTY PRESIDENT: In terms of the undertaking - - -

PN12

MS WALTERS: In the terms sought by Alcoa Portland Aluminium Pty Ltd and provided for in exhibit 1.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes Ms Chew?

PN14

MS CHEW: Thank you Your Honour. My instructions are that the nature of the undertakings we gave, I believe on Monday evening - - -

PN15

THE SENIOR DEPUTY PRESIDENT: In the hearing here do you mean?

PN16

MS CHEW: Yes, that is what I mean. The nature of our undertakings given then reflect the substance of what is contained in exhibit 1 or subsequent exhibits - - -

PN17

THE SENIOR DEPUTY PRESIDENT: I had a copy of a letter that is dated 23 February 2005, marked attention to you and addressed to the State Secretary of the AMWU.

PN18

MS CHEW: That is right and so my instructions are that we believe it is sufficient that our undertakings have been recorded in transcript. I have forwarded a copy of this fax to the relevant organiser in Portland and he has had a look at it and has also agreed that he is happy for us to confirm our undertaking to the Commission this morning and that is also our position on behalf of the ETU.

PN19

THE SENIOR DEPUTY PRESIDENT: I will mark the letter addressed to the AMWU and marked attention to Ms Chew, dated 23 February 2005 as exhibit 2, and I can understand then that you give an undertaking on behalf of the union and the relevant representatives of the union in terms of that undertaking quoted in exhibit 2?

EXHIBIT #2 LETTER TO MS CHEW, AMWU DATED 23/2/2005

PN20

MS CHEW: Yes I do, and also the relevant organiser.

PN21

THE SENIOR DEPUTY PRESIDENT: Sorry?

PN22

MS CHEW: The relevant organiser.

PN23

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. You also appear on behalf of the CEPU, is that right?

PN24

MS CHEW: Yes I do, your Honour.

PN25

THE SENIOR DEPUTY PRESIDENT: There is a letter on the file dated 23 February 2005 addressed to the State Secretary, CEPU, Electrical Branch, attention Mr Geoff Morenstein. Do you have a copy of that?

PN26

MS CHEW: I do not but when I spoke to Mr Glover who contacted your office, I outlined to him the position that the applicant has put to us and also informed him of our position and he is agreeable in terms of adopting the same position as the AMWU.

PN27

THE SENIOR DEPUTY PRESIDENT: I will mark that letter to the CEPU Electrical Branch as exhibit 3.

EXHIBIT #3 LETTER TO CEPU ELECTRICAL BRANCH DATED 23 FEBRUARY 2005

PN28

THE SENIOR DEPUTY PRESIDENT: and I am of the understanding that you give an undertaking on behalf of the CEPU and the relevant organiser in terms of the undertaking quoted in that letter exhibit 3?

PN29

MS CHEW: That is right, your Honour.

PN30

THE SENIOR DEPUTY PRESIDENT: Very well, thank you Ms Chew.

PN31

MR WATSON: Your Honour, we are grateful for that confirmation and we believe that the clarification provided by the undertaking is a sound basis for future more harmonious relationships on the site at Portland and in those circumstances we withdraw the application we made to the Commission and we ask that the file be closed.

PN32

THE SENIOR DEPUTY PRESIDENT: Thank you Mr Watson. Ms Walters, do you have anything else you wish to say?

PN33

MS WALTERS: No, your Honour.

PN34

THE SENIOR DEPUTY PRESIDENT: Ms Chew?

PN35

MS CHEW: No thank you, your Honour.

PN36

THE SENIOR DEPUTY PRESIDENT: Very well. The file will be closed and there will be no further proceedings in relation to it. Thank you, the matter is adjourned.

<ADJOURNED INDEFINITELY [9.09AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #1 LETTER TO THE CEPU, ELECTRICAL BRANCH DATED 23/2/2005 PN7
EXHIBIT #2 LETTER TO MS CHEW, AMWU DATED 23/2/2005 PN19
EXHIBIT #3 LETTER TO CEPU ELECTRICAL BRANCH DATED 23 FEBRUARY 2005 PN27