C2006/1107, Transcript of Proceedings [2006] AIRCTrans 1313 (19 December 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 16253-1

COMMISSIONER GAY

C2006/1107

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION-WESTERN AUSTRALIAN BRANCH
AND
AMCOR LTD
s.170LW -prereform Act - Appl’n for settlement of dispute (certified agreement)
(C2006/1107)

MELBOURNE

12.06PM, TUESDAY, 05 DECEMBER 2006

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA VIDEO CONFERENCE AND RECORDED IN MELBOURNE

Hearing continuing

PN1

THE COMMISSIONER: May I have appearances, please, and gentlemen, there's no need to rise with these screenings. I think it's a little more practical so I'll take the appearances.

PN2

MR A TALBERT: I appear on behalf of the applicant.

PN3

MR D JONES: I appear on behalf of the respondent

PN4

THE COMMISSIONER: Of course, the purpose of this hearing is to list it for mention and programming, is to advance the application. To do that one is required to address the objection in relation to jurisdiction, subject to what might be put by the AMWU but I'm very happy to hear what the parties might want to say. Mr Jones, you've got some people with you, I see here, or are they with
Mr Talbert.

PN5

MR JONES: No, Commissioner, they are representatives of the company and they have come here this morning just to observe.

PN6

THE COMMISSIONER: It strikes me it might be useful to go off the record and have a conference about the issues relating to mention and programming. In doing that I'll give either of you the opportunity to put something on the record perhaps a little bit later if you should desire to do so. For the time being we'll go off the record.

<SHORT ADJOURNMENT [12.08PM]
<RESUMED [12.40PM]

PN7

THE COMMISSIONER: The transcript will reveal that the parties have spent some time in conference with the Commission. I'm grateful for the participation as frank as it has been. The outcome is that there will be a hearing and in due course a notice of listing will issue from my chambers confirming these details and also that notice of issue will confirm how the hearing is to occur. It is this, that Mr Jones will provide essentially his submissions on the jurisdictional point. He'll put the material he wishes to rely on in respect of his jurisdictional objection and he'll do that. He'll file in the Commission, serve on Mr Talbert that material by close on business on Wednesday, 20 December. Also contained will be outlines of the evidence that his one or possibly two witnesses will give. I've indicated that that doesn't need to be in affidavit form. It can be sworn by them later.

PN8

The union will reply by Tuesday, 9 January, that is their argument and their reply to Mr Jones' view by close of business, Tuesday, 9 January. Then the matter will come on for hearing at 10 o'clock on Tuesday, 30 January and the place only to be advised.

PN9

The parties are going to have some without prejudice discussions today to see if there is any scope which would either see the matter resolved or to narrow the issues. Sometimes it's useful, as I know you'll both know, gentlemen, if there can be an outline given of the matters in dispute. They're things that you're fully seized of but it might be useful if there can be a summary given, which is an agreed outline of the events, what has occurred and what is actually in dispute. I know that will be set out in the submissions anyway Mr Jones.

PN10

MR JONES: Before you ring off, as it were, the directions or the court records for the union on 9 January, I was speaking privately off camera with my friend and it is agreed that he will submit his response, or the union's response to my submissions plus his witness statements on - - -

PN11

THE COMMISSIONER: I'm sorry, I omitted to mention that and I'm sure Mr Talbert would have taken that, your obligation is also to have an outline of the evidence to be given by your witnesses, Mr Talbert, when you file on 9 January.

PN12

MR TALBERT: Yes, sir, that was my understanding.

PN13

THE COMMISSIONER: Should there be any useful purpose - I don't say there has to be, often there's not, but if there's any useful purpose in there being a further discussion perhaps between you, Mr Talbert and Mr Jones with the Commission, we can do that with a telephone hook-up. I would be very happy to do that to obviate all the work that you face, but that, I would have thought, is always pretty well available. I am conscious that there has been conciliation and I know that an earnest effort has been made before McCarthy SDP to deal with these issues, so I'm well aware that I'm not coming in at day one.

PN14

Thank you, gentlemen, I'll now adjourn to the date previous mentioned.

<ADJOURNED UNTIL TUESDAY 30 JANUARY 2007 [12.44PM]