C2006/1040, Transcript of Proceedings [2006] AIRCTrans 541 (3 April 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14635-1

COMMISSIONER THATCHER

C2006/1040

ALCOA OF AUSTRALIA LIMITED TRADING AS ALCOA WORLD ALUMINA AUSTRALIA
AND
AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
s.127(2) - Appln to stop or prevent industrial action
(C2006/1040)

PERTH

4.45PM, FRIDAY, 17 MARCH 2006

Hearing continuing

PN1

MR R COLLINSON: I seek leave to appear for the applicant and with me is MR M GLEESON who is the HR Manager at Pinjarra.

PN2

MR D ELLIS: I appear on behalf of the AMWU and I don't oppose Mr Collinson's appearance.

PN3

THE COMMISSIONER: Thank you, Mr Ellis. Mr Collinson, leave is granted. Yes Mr Collinson?

PN4

MR COLLINSON: Thank you sir. Have you had a chance to consider the application and draft order before you?

PN5

THE COMMISSIONER: I have read through the draft order, yes, Mr Collinson.

PN6

MR COLLINSON: Yes sir. The position is sir, that there is industrial action that is occurring at the Pinjarra refinery in the form of a total cessation of labour. There have been discussions since filing that application between the representatives of the applicant and the respondent and sir, I am instructed that an agreed position has been reached subject of course to the approval of the Commission, that undertakings will be provided by Mr Wil Tracey in a individual capacity and also on behalf of the AMWU in relation to the cessation of industrial action and withdrawing all support for any future industrial action until 27 March.

PN7

Sir, I am instructed that those undertakings will be read for the purposes of the transcript, or given for purposes of the transcript. Secondly sir, that the respondent will provide written particulars of any relevant dispute as soon as practicable after AMWU convene a meeting on Tuesday 21 March to Mr Matthew Gleeson. Thirdly sir, that Mr Matthew Gleeson and other representatives of Alcoa will meet with relevant AMWU representatives at mutually agreed times and places during 20 March to 24 March or as otherwise agreed.

PN8

Fourthly sir, that the application for a section 127 order be adjourned to 27 March, 10 am, which sir, is the date and time that the applications that were before you early this morning have been adjourned to. And sir, the submission is made on that basis that the industrial action that the applicant says is occurring, is very much related to the industrial action that was taken in relation to the other applications and that the - my understanding is sir, that the issues are being treated on a site wide basis as opposed to any specific site and for those reasons, conciliation of any issues and the arbitration if necessary ought to be determined together.

PN9

Sir, in relation to the undertakings, the only other matter I would raise is that, that any - in the intervening period before 27 March, that if an application is made alleging that those undertakings have been breached, that any application for orders be expeditiously dealt with.

PN10

THE COMMISSIONER: Yes. Thanks, Mr Collinson. So, you are wanting Mr Tracey - you are wanting to put some undertakings on the record, are you, or Mr Ellis?

PN11

MR ELLIS: If I might just briefly. There was discussions before this matter came on along the lines that my friend has outlined. However, just for the record, for the purpose, to the extent it may become necessary to rely on in the future, we don't concede there is industrial action happening at Pinjarra and we would, if necessary, we would want to challenge the allegation that there has been industrial action happening this afternoon. However, having said that, for the record we do concede to the undertaking as outlined by my friend that the matter has - the parties have agreed that the matters will be dealt with on a site wide basis.

PN12

As you might be aware Alcoa has five sites, Pinjarra, Wagerup, Coonana and two mining sites and there is the – the parties have an understanding now that the issues which were raised in the previous Wagerup application and this Pinjarra application, that they be dealt with collectively and the matter, the Pinjarra matter be dealt with on the same programme and basis as the Wagerup matter, you know, in the same manner as all the good work that was done this morning.

PN13

THE COMMISSIONER: And are you giving the undertaking? Are you wanting - are you recording now the undertaking that Mr Collinson was alluding to, or?

PN14

MR ELLIS: Yes sir, we do. Yes.

PN15

THE COMMISSIONER: Thank you, Mr Ellis. Is that sufficient for your purposes, Mr Collinson?

PN16

MR COLLINSON: Yes. Yes it is.

PN17

THE COMMISSIONER: Very well. Has anybody else got anything to say? Otherwise I accept the agreed position by the parties and on that basis will agree to adjourn this matter and list it for hearing at 10 am on 27 March 2006. And on the basis that should the applicant allege a - or should consider that a breach on the undertaking has occurred, it is at liberty to apply to the Commission for the matter to be listed at short notice and on that basis I will, like the matter this morning, give an undertaking and everybody should be prepared that I will list it at short notice to be heard if necessary over the weekend. Thank you very much then. This matter is adjourned.

<ADJOURNED UNTIL MONDAY 27 MARCH 2006 [4.53PM]