C2005/63, Transcript of Proceedings [2005] AIRCTrans 751 (29 March 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10924

COMMISSIONER BLAIR

C2005/63

s.99 - notification of an industrial dispute

Construction, Forestry, Mining and Energy Union
and
D & R Henderson Pty Ltd
(C2005/63)
D & R Henderson Pty Limited Sawmill Site Enterprise Bargaining Agreement 2002-2004

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

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MELBOURNE

1.33PM, WEDNESDAY, 16 MARCH 2005

<EXTRACT OF TRANSCRIPT OF PROCEEDINGS [3.12PM]

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PN1

THE COMMISSIONER: The Commission has had an opportunity to have a conference with the parties. Arising from that conference it has been agreed that the company will provide by 31 March 2005 or earlier, a decision on whether or not the facility that was damaged by fire can be rebuilt or not. Unless there are extraordinary reasons as to why the company cannot comply with 31 March 2005 the Commission expects the company to do so.

PN2

(2), There are to be ongoing discussions between the company and the union as to the implications of a decision not to rebuild the burnt out facility. Those discussions will also include what are the implications for employees if the plant is to rebuilt. That includes measures to maintain the interest of employees to work for the rebuilt facility, as well as discussing issues that affect them economically between the time the decision is made to rebuild the facility and when the facility is re-opened. I hope that makes sense.

PN3

In terms of any discussions with the local council and government about assistance that may be available either to the employees directly or assistance that might be available in making a decision to rebuild the facility, the union is to be involved in those discussions, except where those discussions with local council and government deal with commercial-in-confidence issues, eg. contractual arrangements with supplies of timber, contractual arrangements with, for instance, transport operations, et cetera, et cetera.

PN4

Now, either party is at liberty to ask the Commission to re-list the matter. If they believe the Commission can be of some assistance the Commission is more than happy to have the matter dealt with in Benalla, which would probably be more convenient to the parties than coming down to Melbourne and probably better also if that was dealt with on site and the Commission could also avail itself with an opportunity to look at the facilities available. Is that where we are at at the moment?

PN5

There are to be some discussions between the company and some employees who have said that they have been advised that they are not suitable for particular jobs and are not sure of the criteria in which that decision was made and the Commission did raise with the company that an employee did make application to a particular company that was identified as having 10 to 12 vacancies and upon enquiring at that company was advised that there were no vacancies. As I understand it, Henderson's are to follow up on that to clarify that particular position. Now, is that it? Yes. And I think the company was going to make available the matrix to the union.

PN6

MR RYAN: The matrix.

PN7

THE COMMISSIONER: Okay. Thanks for your cooperation.

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