C2005/460, Transcript of Proceedings [2006] AIRCTrans 415 (23 March 2006)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 14454-1

COMMISSIONER MANSFIELD

C2005/460

TRANSPORT WORKERS’ UNION OF AUSTRALIA
AND
PARTS DIRECT AUSTRALIA PTY LTD
s.99 - Notification of an industrial dispute
(C2005/460)

MELBOURNE

3.02PM, WEDNESDAY, 08 MARCH 2006

Continued from 2/2/2006

PN1

MR B DUNN: I appear for the Transport Workers' Union.

PN2

MS C BOYLE: I am counsel and I seek leave to appear on behalf of the respondent.

PN3

THE COMMISSIONER: Thank you Ms Bulach. Any objections to Ms Bulach appearing?

PN4

MS BOYLE: It's Ms Boyle, sorry Commissioner, on behalf of Parts Direct, the respondent.

PN5

THE COMMISSIONER: I've got the wrong side.

PN6

MS BOYLE: The managing director of which is Mr Bulach.

PN7

THE COMMISSIONER: You have obviously changed seats. Thank you. Good. No objection to Ms Boyle - - -

PN8

MR DUNN: No objection today, Commissioner, so we can finish it off.

PN9

THE COMMISSIONER: Thank you, Mr Dunn. Good. Now this is a matter where we did summons Mr Bulach to appear and thank you, Mr Bulach for responding to that. It concerns the remuneration of a member of the TWU who had claims to be underpaid. Mr Dunn, I understand you and Mr Bulach and Ms Boyle have had some discussions. Have those discussions settled the matter?

PN10

MR DUNN: We have just had a couple of words here, Commissioner, prior to the start. I have put on the table an amount of money. I don't know what the response is at this stage.

PN11

MS BOYLE: Commissioner, we have had a few minutes to discuss the claim which, before this afternoon we weren't aware of, in terms of its quantum.

PN12

THE COMMISSIONER: Yes.

PN13

MS BOYLE: I now have some instructions to put an offer in settlement of that claim.

PN14

THE COMMISSIONER: Yes.

PN15

MS BOYLE: But I don't know if this is the forum.

PN16

THE COMMISSIONER: Well we might go off the record to see whether that can be put to the other side and accepted and if it is - if we can resolve it we will just go back on the record without necessarily mentioning a figure. So we will go off the record for a few minutes.

PN17

MS BOYLE: Thank you.

<SHORT ADJOURNMENT [3.04PM]
<RESUMED [3.16PM]

PN18

THE COMMISSIONER: Following discussion off the record between Mr Dunn of the TWU and representatives of the company including Mr Bulach the Chief Executive?

PN19

MR BULACH: Managing Director.

PN20

THE COMMISSIONER: Managing Director of the company. It has been agreed that Parts Direct will pay to Mr R Linklater a sum of $5688.91 by electronic funds transfer, Mr Bulach, within 30 days. And so Mr Linklater could expect to have the agreed amount put into his bank account by no later than 8 April this year. Is there any comment that either party wishes to make? Mr Dunn I take it that you are satisfied?

PN21

MR DUNN: Yes, Commissioner, we are satisfied thank you.

PN22

THE COMMISSIONER: Ms Boyle?

PN23

MS BOYLE: Yes Commissioner.

PN24

THE COMMISSIONER: Been very pleased to deal with you and Mr Bulach as well.

PN25

MR BULACH: Thank you sir.

PN26

THE COMMISSIONER: No doubt you will hope never to be here again.

PN27

MR BULACH: Yes. Very true.

PN28

THE COMMISSIONER: Thank you very much. This matter is adjourned.

PN29

MR DUNN: Commissioner, can I just ask Commissioner if we can have the transcript?

PN30

THE COMMISSIONER: You certainly can, Mr Dunn. I will provide that to you. Good. All the best.

<ADJOURNED INDEFINITELY [3.18PM]