BP2006/3823, Transcript of Proceedings [2006] AIRCTrans 1329 (27 December 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 16265-1

COMMISSIONER HINGLEY

BP2006/3823

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
AND
PNEUVAY ENGINEERING PTY LTD
s.451(1) - Application for order for protected action ballot to be held
(BP2006/3823)

MELBOURNE

2.28PM, THURSDAY, 07 DECEMBER 2006

PN1

MR B TERZIC: I appear on behalf of the applicant union.

PN2

MS N BOEHM: I appear on behalf of the company, Pneuvay Engineering. With me today on my left I have MR M FRANCIS and MR G SMITH, directors of the company.

PN3

THE COMMISSIONER: Yes, Mr Terzic?

PN4

MR TERZIC: Commissioner, it's a feature of the current Act that when enterprise bargaining reaches an impasse, there's only really one way in which the matter will unilaterally be drawn to the Commission and that's by making a ballot application. The disputes procedures can only be invoked where both sides can then consent. So what sometimes occurs in these instances is that the parties are formally convoked to assemble in the same room and the issues become more acute and further talks emerge. And it's at this point that we think that there could be the basis to explore a settlement and that appears to be what's occurred this afternoon.

PN5

So part of the process that's been agreed just prior to today's hearing is that we wont press for the - for a ballot order and we'll go back and consider the proposals for an agreement and that this occurs in these proceedings is rarely a product of the Act the way it's been structured, rather than any other force of play. So on that basis I seek that the application be adjourned and if we can reach agreement, the application for a ballot order will be withdrawn.

PN6

THE COMMISSIONER: Ms Boehm?

PN7

MS BOEHM: Commissioner, I concur with my colleague. I also - I agree we had discussion earlier and this has been the result. Thank you.

PN8

THE COMMISSIONER: Right I wish the parties well. I grant the adjournment and I will wait your advice Mr Terzic. We'll adjourn, thank you.

<ADJOURNED INDEFINITELY [2.30PM]