C2005/5627, Transcript of Proceedings [2006] AIRCTrans 631 (12 April 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14780-1

COMMISSIONER BLAIR

C2005/5627

LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
AND
WATTYL AUSTRALIA PTY LTD
s.99 - Notification of an industrial dispute
(C2005/5627)

MELBOURNE

9.41AM, TUESDAY, 04 APRIL 2006

Continued from 12/12/2005

PN1

THE COMMISSIONER: Any change in appearances please? No. All right, now this matter has been listed for a report back and follows on from a number of conciliations that the Commission has had regarding the changing of the number of employees shifts to a rotating shift. Who would like to lead off as to where we're at? I'm not fussed, the original applicant was the union.

PN2

MR COONEY: Okay, look since the last time we were here, there has been - - -

PN3

THE COMMISSIONER: We're actually in a hearing.

PN4

MR COONEY: Apologies Commissioner. What I might suggest is that if, subject to what the Commission determines, is that we maybe move into conference.

PN5

THE COMMISSIONER: Okay. Does anyone have a problem with that?

PN6

MS ROBERTS: No.

PN7

THE COMMISSIONER: No. All right, we'll go into conference.

<OFF THE RECORD

PN8

THE COMMISSIONER: All right, this matter, which is C2005/5627, now the Commission has had a conference with the parties. Arising out of that conference, it's been put by the union and endorsed by the company, that the rosters that have been put in place have been complied with, by all employees, including that of
Mr Maguire. In accordance with the EBA, the warnings that have been issued to Mr Maguire will fall off his employment record at the expiration of the time frames that have been identified in the EBA. The Commission understands that the first warning will lapse in some weeks from today's date, which would take it to the full six months period. Then, understanding that everything works accordingly, as it has done over the last few months, then any further warning will fall off in the time identified in the EBA.

PN9

Hopefully, that then should settle the matter and if there is no objections, accordingly the Commission will close the file. Do the parties have any objections to that course?

PN10

MS ROBERTS: No Commissioner.

PN11

MR COONEY: No Commissioner.

PN12

THE COMMISSIONER: It's been indicated by the parties that that's not an objectable path to follow. The Commission thanks the parties and stands adjourned.

<ADJOURNED INDEFINITELY [9.46AM]