C2006/3957, Transcript of Proceedings [2006] AIRCTrans 1286 (11 December 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 16232-1

COMMISSIONER HINGLEY

C2006/3957

SMORGON STEEL (SERVICES) PTY LTD
AND
THE AUSTRALIAN WORKERS’ UNION
s.496(1) - Appl’n for order against industrial action (federal system).
(C2006/3957)

MELBOURNE

2.54PM, THURSDAY, 30 NOVEMBER 2006

PN1

MS L MUMME: Thank you, Commissioner. I seek leave to appear on behalf of the company.

PN2

MR C WINTER: If the Commission pleases, I appear on behalf of the Australian Workers Union.

PN3

THE COMMISSIONER: No objection to leave?

PN4

MR WINTER: No objection.

PN5

THE COMMISSIONER: Leave is granted, Ms Mumme.

PN6

MS MUMME: Thank you, Commissioner. Commissioner, the parties have had some discussions and can I first thank the Commission for calling the matter on at such short notice. Can I also thank the Commission for its indulgence in the few minutes we have had to discuss the matter. It appears that the parties have resolved the matter and there are some matters Mr Winter will be putting in the transcript, is my understanding. There is some ongoing industrial action at the steel mill and wire mill at Laverton at my client’s site and Mr Winter and I have reached agreement in relation to those matters going forward.

PN7

MR WINTER: Thank you, Commissioner. As I suppose everyone is aware today there was a political rally - political protest held today which was held at the MCG and which resulted in a march to 2 Federation Square. The AWU is happy to say that we had a lot of members participate in that process and that in relation to this company, our members believe that it was their political right to protest against the laws that are currently put in place by the Federal Government. But it is not our intention in any way to cause damage to Smorgons in relation to this.

PN8

We see them as probably a bit of the meat in the sandwich in relation to it and we have given a commitment to the company that there will be normal operations commencing at normal start time tomorrow, which is 7 am for the vast majority, 6.30 for some of them, and that there will be no further action taken in relation to this matter unless it’s protected. If the Commission pleases.

PN9

MS MUMME: Commissioner, I had understood that the commitment was for no further disputation in the form of unprotected action, not specifically in relation to the matter of the change to the Work Choices legislation.

PN10

MR WINTER: I can give that commitment, Commissioner, that it’s not just intended for the political day of action.

PN11

THE COMMISSIONER: Thank you.

PN12

MS MUMME: Commissioner, on that basis the company is satisfied and appreciates the Commission, as I say, calling the matter on at such short notice.

PN13

THE COMMISSIONER: Thank you very much. You’ll be advising my - are you withdrawing the application?

PN14

MS MUMME: We will, yes, Commissioner.

PN15

THE COMMISSIONER: Thank you. In that case we will adjourn. Thank you very much.

<ADJOURNED ACCORDINGLY [2.58PM]