C2003/3762, Transcript of Proceedings [2005] AIRCTrans 898 (13 April 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11161-1

SENIOR DEPUTY PRESIDENT DRAKE

C2003/3762

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
AND
AAA SERVICES & EQUIPMENT HIRE
s.99 - Notification of an industrial dispute - Log of claims
(C2003/3762)

SYDNEY

10.09AM, WEDNESDAY, 16 FEBRUARY 2005

Continued from 9/12/2004

PN1

MS J GRAY: I appear for the CFMEU.

PN2

MR J DE FLAMING: I seek leave to appear on behalf of Minor Assist Pty Ltd.

PN3

MR F PALMER: I continue my appearance in this matter, your Honour, and I just advise you that Mr Herbert is not available today but will continue with us.

PN4

MS GRAY: No objection.

PN5

THE SENIOR DEPUTY PRESIDENT: So.

PN6

MS GRAY: Your Honour, I have had a chat to Mr Palmer who is under the opinion that because of the listing that somehow his client might be involved, and I have advised him that to my knowledge the listing is really to simply to program Minor Assist objection further which is what Mr de Flaming is here for.
Your Honour, the Minor Assist representative and I have had a discussion this morning and further witness statement of Mr Leonard Tanks was lodged and served yesterday in accordance with your Honour's directions on the last occasion. Your Honour, having perused that additional witness statement, the union would like to seek directions from our districts as to whether or not we require further material in reply.

PN7

My initial view is that we probably don't but I would like to be cautious about that and Mr Flaming has agreed that the union would have until 11 March to put on any further material if we choose. Then we were looking for a hearing date, your Honour, for at least the further evidence of Mr Tanks who the union would certainly wish to cross-examine, and any additional evidence from the union to be heard before your Honour. We have a list of our mutually available dates subject to your Honour's availability, and then we were looking at three weeks after that hearing day for Minor Assist submissions to be lodged three weeks after that, then the union's submissions to be lodged two weeks after that with the reply and submissions be lodged, and one day of hearing to speak to the submissions.

PN8

The mutually available dates that Mr Flaming and I have, your Honour, are
30, 31 March, 1 April, 12 April 15 April or the week starting 2 May.

PN9

THE SENIOR DEPUTY PRESIDENT: How long do you think it would take?

PN10

MS GRAY: We won't need more than a day, your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: April 1.

PN12

MS GRAY: Thank you, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: No slight intended.

PN14

MR DE FLAMING: Thank you, your Honour.

PN15

MS GRAY: Your Honour - - -

PN16

THE SENIOR DEPUTY PRESIDENT: I don't feel any need, Ms Gray to become involved in issuing directions in relation to the dates you have given me for exchange of documents. I am sure between you and Mr de Flaming, with your joint experience, you can manage that process without my supervision.

PN17

MS GRAY: We will advise your associate, your Honour, of the dates that we have agreed for that process.

PN18

THE SENIOR DEPUTY PRESIDENT: Mr Palmer, I am sorry if the method of my listing this matter has caused you to waste your time in attendance. I thought from the last mention and listing of this matter it was clear, but I will ensure that in future that if it wasn't already done that the matters are noted on the listing as to which parties are involved.

PN19

MR PALMER: Thank you, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Is there anything else? Mr de Flaming?

PN21

MR DE FLAMING: No.

PN22

THE SENIOR DEPUTY PRESIDENT: You are happy with the 1 April? No slight intended.

PN23

MR DE FLAMING: I am happy. Thank you, your Honour.

PN24

THE SENIOR DEPUTY PRESIDENT: Good. Thank you. The Commission is adjourned.

<ADJOURNED UNTIL FRIDAY 1 APRIL 2005 [10.14AM]