C2006/3259, Transcript of Proceedings [2007] AIRCTrans 140 (26 March 2007)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 16611-1

COMMISSIONER RAFFAELLI

C2006/3259

TOLL TRANSPORT PTY LTD
AND
MARITIME UNION OF AUSTRALIA, THE
s.170LW -prereform Act - Appl’n for settlement of dispute (certified agreement)
(C2006/3259)

SYDNEY

10.03AM, FRIDAY, 09 MARCH 2007

Continued from 9/11/2006

PN133

THE COMMISSIONER: Could I have the appearances in Melbourne?

PN134

MR C GARDENER: I appear with MS EVANS on my right from Freehills, and to my left MR G TOBIN from Toll.

PN135

THE COMMISSIONER: Yes. And in Sydney?

PN136

MR W GIDDINS: I appear on behalf of the Maritime Union of Australia.

PN137

THE COMMISSIONER: Yes, thank you. Yes, Mr Gardener?

PN138

MR GARDENER: Commissioner, thank you for making available the video conferencing facilities this morning. That is a consequence of what is very good progress in this matter. Commissioner, since we last met the applicant filed its material, being a submission and two statements, one of Mr Tobin and Mr Gardener. And subsequent to that occurring there have been further discussions between the parties, and I'm pleased to say that those discussions have led to a resolution of the matter.

PN139

What I simply propose to do this morning is no other than table one piece of correspondence relating to that resolution. And Mr Giddins was kind enough to make a copy available this morning. It is a letter, sir, from Mr Tobin to Mr Giddins. The letter is dated 3 March 2007. The letter is titled Toll Shipping Toll Tasmania Transfer Gate, it's signed by Mr Tobin, it's a two page letter. Does that sound like the document that you have, sir?

PN140

THE COMMISSIONER: Yes. I'll mark that.

PN141

MR GARDENER: Yes, I propose to have that marked.

EXHIBIT #TOLL5 LETTER RE TOLL SHIPPING TOLL TASMANIA TRANSFER GATE

PN142

MR GARDENER: Yes, thank you. I don't propose to go to the letter in any great detail other than to say that the letter documents the key elements of the proposed way in which the revised process would work. There is in that letter reference to a further document being developed. In fact I'll just clarify that. What the parties have done in addition to this letter is meet further, develop a detailed proposal along the lines of the previous documents which have formed part of this proceeding, documents which set out the steps in more detail. That process is all but complete. There is a draft document, we don't have that today, but what we propose to do simply for completeness, sir, is send a copy of that to the Commission for the file, and at that point we'd certainly be content for the matter to be closed.

PN143

THE COMMISSIONER: Yes, thank you, Mr Gardener. Is that all you wish to say?

PN144

MR GARDENER: Yes, it is.

PN145

THE COMMISSIONER: Yes, okay. Yes, Mr Giddins?

PN146

MR GIDDINS: Not much further to add, Commissioner. It is true that the applicants filed their materials. Upon that occurring we made an application for the matter to be stood over for a short period of time or new directions issued. The parties made a significant endeavour to try and resolve their differences during that period of time fortunately for both sides. I think we were able to conclude that last Friday, the 2nd, therefore I informed your associate that it was unlikely that material would be filed on our behalf as the matter had been resolved, and we have no difficulty at all with the procedures document being forwarded.

PN147

We support the proposition that now that the matter has been resolved the file be closed. Obviously if there is anything that arises out of this moving forward the applicant is at liberty to approach the Commission and seek further assistance. But we don't put that on the record on the basis that it's envisaged at all, only that that's probably a proper way to characterise where we are at present.

PN148

THE COMMISSIONER: Yes, thank you. Thank you, Mr Giddins and Mr Gardener. Well, the Commission obviously is happy that you reached agreement and compliments you on that. As we noted, the material, final agreement documents will be provided for the file, but subject to that - I'm sure that the agreement will hold - the file will be closed. These proceedings are now adjourned, thank you.

<ADJOURNED INDEFINITELY [10.09AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #TOLL5 LETTER RE TOLL SHIPPING TOLL TASMANIA TRANSFER GATE PN141