C2006/4014, Transcript of Proceedings [2006] AIRCTrans 1315 (27 December 2006)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 16282-1

COMMISSIONER GRAINGER

C2006/4014

MELBOURNE CITY COUNCIL
AND
AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION
s.496(1) - Appl’n for order against industrial action (federal system).
(C2006/4014)

MELBOURNE

1.19PM, WEDNESDAY, 13 DECEMBER 2006
EXTRACT OF TRANSCRIPT OF PROCEEDINGS

---

<EXTRACT OF TRANSCRIPT OF PROCEEDINGS [1.30PM]

---

PN1

MR FAROUQUE: Commissioner can I - as much as my learned friend has finished, can I just say something which might - - -

PN2

THE COMMISSIONER: I'm sure he hasn't finished, but yes you can intervene.

PN3

MR FAROUQUE: Albeit the need for the matter to proceed today. Firstly as I think has been relayed to the chambers of the Commission, Mr Parkinson who is the principle official of the ASU involved in this particular dispute, if I could characterise the broader matter, is unavailable today as a consequence of medical commitments, Commissioner. So I'm labouring under that substantial disadvantage Commissioner. I'm also in a position Commissioner to say something to the Commission which might albeit the need for the mater to occur. And that is without giving an undertaking to the Commission, without any admissions as to the underlying factual issues of course, being mad. And that undertaking is to deal with the matters raised - that the MC - the Melbourne City Council comes to the Commission to complain of today.

PN4

And that is an undertaking in these terms Commissioner.

PN5

THE COMMISSIONER: So you are going to give an undertaking?

PN6

MR FAROUQUE: I am going to give an undertaking.

PN7

THE COMMISSIONER: You're offering an undertaking?

PN8

MR FAROUQUE: I'm offering an undertaking Commissioner, that the ASU undertakes that it will not organise or direct its members, not to collect revenue from green signs from 7.30 am on 14 December 2006 or take other industrial action as defined in section 420 of the Workplace Relations Act 1996, in respect of the dispute between the parties regarding the introduction and application of the Melbourne City Council ..... and Sun Policy. This undertaking does not prevent the union from organising or engaging protected industrial action as defined in the Act, Commissioner which is the standard, I suppose exception which would apply Commissioner.

PN9

THE COMMISSIONER: My understanding is there's no situation in place at the moment that would warrant protected industrial action from taking place.

PN10

MR FAROUQUE: Well, there's no bargaining period on foot Commissioner, I think there's a certified agreement on foot which is - - -

PN11

THE COMMISSIONER: Current till 2008.

PN12

MR FAROUQUE: - - - nominal expiry date Commissioner, but as a matter of prudence and caution I seek to limit the undertaking to that effect.

PN13

THE COMMISSIONER: Thank you for that Mr Farouque.

<END OF EXTRACT [1.33PM]