C2006/1141, Transcript of Proceedings [2006] AIRCTrans 1304 (13 December 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 16245-1

DEPUTY PRESIDENT MCCARTHY

C2006/1141

FOSTER WHEELER WORLEYPARSONS JV
AND
AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
s.496(1) - Appl’n for order against industrial action (federal system).
(C2006/1141)

PERTH

10.41AM, SATURDAY, 02 DECEMBER 2006

Continued from 1/12/2006

PN142

THE DEPUTY PRESIDENT: Yes, this is a continuation of matter from yesterday, it’s been delayed a little at the request of the parties. Mr Blackburn?

PN143

MR BLACKBURN: Yes, good morning your Honour and thank you for the additional time. I’m instructed that there may be a measure of agreement that will enable this matter to be resolved by the applicant withdrawing the application if in fact, what has been put to me subsequently transpires, I understand my friends will be putting to you commitments much in the form of the statement that was made by Mr Edmonds from the CEPU yesterday. So on that basis if we hear that from my friends, then we may be in a position to resolve the matter on that basis.

PN144

THE DEPUTY PRESIDENT: Yes, Mr Ellis?

PN145

MR ELLIS: Yes, good morning to you, and we too thank you for the opportunity for the delay it has given us a chance to take further instructions from
Mr McCartney who is here with us this morning. I am instructed to put on the record today that without any admissions to liability the AMWU in respect of the matters raised in the application did not engage or organize industrial action, is not presently taking industrial action and has no intention of organizing or undertaking industrial action and sir, that’s the undertaking we are prepared to give in respect of this matter.

PN146

THE DEPUTY PRESIDENT: Yes, thank you Mr Ellis.

PN147

MR G MCLEAN: I appear and the CFMEUs is prepared to make the same undertaking.

PN148

THE DEPUTY PRESIDENT: Sorry Mr McLean, you are replacing Mr Kucera as appearing for the CFMEU?

PN149

MR MCLEAN: Yes, thank you, your Honour, he had some family commitments.

PN150

THE DEPUTY PRESIDENT: He seemed rather anxious yesterday not to proceed this morning. I wondered whether there were any other motivations.

PN151

MR MCLEAN: I think he did have some domestic motivations, I didn’t have the same level of – get out of it so here I am. Yes, I’m not sure if it’s necessary for me to repeat the words of my friend Mr Ellis, but the CFMEU makes the same undertaking in respect of the matters raised in the application.

PN152

THE DEPUTY PRESIDENT: Yes, thank you.

PN153

MR BLACKBURN: Just to clarify your Honour, I understand Mr McLean to be saying among other things that the CFMEU has no intention of organizing or engaging in industrial action. Is that the case?

PN154

THE DEPUTY PRESIDENT: That’s as I understood him to say, unless he stands up and contradicts that, that’s what he is saying.

PN155

MR BLACKBURN: He seems reluctant to confirm it your Honour.

PN156

THE DEPUTY PRESIDENT: He doesn’t seem reluctant to me, he is just sitting fixed in his seat, so that’s what he is saying.

PN157

MR BLACKBURN: On that basis, your Honour, I’m instructed to apply to withdraw the application and thank you for your time.

PN158

THE DEPUTY PRESIDENT: Yes, anyone else have anything they wish to say. On that basis as you are not proceeding with application Mr Blackburn it will be dismissed.

<ADJOURNED ACCORDINGLY [10.45AM]