AG2005/2456, Transcript of Proceedings [2005] AIRCTrans 838 (4 April 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11092-1

COMMISSIONER LEWIN

AG2005/2456

APPLICATION BY INTERNATIONAL SEA DRILLING LIMITED AND OTHERS
s.170LJ - Agreement with organisations of employees (Division 2)
(AG2005/2456)

MELBOURNE

2.14PM, TUESDAY, 18 JANUARY 2005

PN1

MR R ROGERS: I appear for Australian Mines and Metals on behalf of International Sea Drilling.

PN2

MS C CHEW: I appear on behalf of the Australian Manufacturing Workers' Union.

PN3

MR S McKAY: I appear on behalf of the CEPU Electrical Division.

PN4

THE COMMISSIONER: Thank you. Yes, Mr Rogers?

PN5

MR ROGERS: Commissioner, it may be prudent that prior to seeking this matter to proceed, that the parties take a couple of moments to sort out some paperwork that seems to have some confusion attached to it, with regards to stat decs and dates. Also, it is my understanding that when the documents were lodged on 5 January, I organised to have a hard copy sent to the organiser at AMWU and unfortunately, or fortunately as the case may be, he was on annual leave and has not yet returned from annual leave, so he hasn't seen that documentation, hence the representation by the AMWU.

PN6

In a very brief conversation with my friend from the ETU, the dates on the stat dec that they wish to lodge, and the dates that we have been instructed at the meetings and what took place are significantly different, and it may pay to have an opportunity for the parties to actually work out exactly what has gone on in this matter. It covers four employees and we certainly would not wish to have them disadvantaged. We need to confirm what exactly has occurred and it is that over this period of time, the holiday season, there is some confusion.

PN7

So if it pleases the Commission, and there is no objection from my friends, we would ask that the matter simply go into conference for a few moments to clarify the point and see if we would need an extension or if it would be asked that the Commission proceed on today's date. May it please the Commission.

PN8

THE COMMISSIONER: All right. Look, I will give you a short time to do that if that is agreed?

PN9

MR McKAY: Yes.

PN10

THE COMMISSIONER: It is agreed? I gather that the company's observing the agreements in any event?

PN11

MR ROGERS: It is Commissioner, and Commissioner the agreement has a fairly quick expiry, or a use by date in that it ends in June of this year or before, subject to works, but they are following the agreement.

PN12

THE COMMISSIONER: I assume that at some point the retrospective payment of 1 July would have come into operation?

PN13

MR ROGERS: Commissioner, I have no instructions but I am of the understanding that the fellows are being paid anyway.

PN14

THE COMMISSIONER: All right, so there is no urgency in that particular respect. But I gather from communication with my office that there is some confusion about the facts as deposed in the statutory declarations?

PN15

MR ROGERS: It would appear so. It was brought to my attention, as I said, just prior to the commencement of this matter.

PN16

THE COMMISSIONER: All right, I will adjourn for a short time to allow you to try and sort that out, thank you.

PN17

MR ROGERS: Thank you Commissioner.

<SHORT ADJOURNMENT [2.18PM]
<RESUMED [2.28PM]

PN18

THE COMMISSIONER: Yes, Mr Rogers?

PN19

MR ROGERS: Thank you Commissioner. Commissioner, having had the opportunity to speak with my friends from the respective unions, we would respectfully request that this matter be adjourned for two weeks, subject to the Commission's availability of calendar and have the matter re-listed. We believe that the paperwork would have been adequately sorted out at that time and be able to be presented to the Commission in accordance with the requirements of the Act.

PN20

The only other matter that I wish to raise is that at the time that the stat dec for the employer was lodged with the Commission on 5 January, due to a collating problem the front page of the stat dec for the employer was inadvertently left off and the union representative's front page was placed. I have made copies of that, that was an error, it was not something that was not correct at the time, and I would like to hand up the front page for that stat dec if I may. It was simply the person making the stat dec should have read John Hurley, General Manager, I believe it is the Dean Mighell from ETU on that, which is incorrect.

PN21

THE COMMISSIONER: Yes, all right. That was a bit of confusion there.

PN22

MR ROGERS: Yes.

PN23

THE COMMISSIONER: I noted that, but I gathered that was part of what you were trying to sort out.

PN24

MR ROGERS: Yes.

PN25

THE COMMISSIONER: But you also need to sort out the question of what the date of the valid majority arising is, don't you?

PN26

MR ROGERS: We believe that we have, in that we said that it's the end of November and the representatives from the union just wish to clarify that with the relevant organisers.

PN27

THE COMMISSIONER: All right.

PN28

MR ROGERS: May it please the Commission.

PN29

THE COMMISSIONER: That is fine. I take it this is a joint application for an adjournment? Yes, thank you.

PN30

MR ROGERS: Indeed Commissioner.

PN31

THE COMMISSIONER: Would Friday, 4 February be suitable?

PN32

MR ROGERS: Yes.

PN33

MS CHEW: Yes.

PN34

THE COMMISSIONER: I will list it for 10 am on Friday the 4th. Thank you, I will adjourn this matter and I will call the next matter. Thank you very much, you are excused.

<ADJOURNED UNTIL FRIDAY, 4 FEBRUARY 2005 [2.31PM]