C2007/2910, Transcript of Proceedings [2007] AIRCTrans 361 (25 July 2007)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17135-1

COMMISSIONER WHELAN

C2007/2910

s.496(1) - Appl’n for order against industrial action (federal system).
Foster’s Australia Ltd
and
Construction, Forestry, Mining and Energy Union
(C2007/2910)

MELBOURNE

6.00PM, THURSDAY, 12 JULY 2007

PN1

MR M FOLLETT: I seek leave to appear on behalf of Foster's Australia Limited.

PN2

MS E WALTERS: I appear for the CFMEU.

PN3

THE COMMISSIONER: Ms Walters do you have any objection to Mr Follett's appearance?

PN4

MS WALTERS: No Your Honour.

PN5

THE COMMISSIONER: Mr Follett, leave is granted.

PN6

MR FOLLETT: Thank you Commissioner. I'd like to commence by thanking the Commissioner for calling this matter on at such short notice. I can assure you my client is very appreciative of that and that may indeed have been one of the reasons that precipitated further discussions between Mr Richardson from my client and Noel Washington from the CFMEU, the relevant union representative involved in the underlying issues that have led to what our client alleges was a threat of industrial action to commence at 7 P.M. tonight. Pursuant to those discussions, on the basis of an undertaking from Mr Washington that he would contact h is delegates down at my client's Altona warehouse to instruct them that work should proceed as normal for the foreseeable future at least and on the acceptance of that undertaking by our client our client - my instructions at least are to discontinue the section 496 application that's been filed today.

PN7

Ordinarily that wouldn't be the case but the 48 hour rule of the legislation has made that a necessity in the circumstances and the reason I say that is this. That discontinuance is on the basis that my client now makes a verbal application from the Bar table for the Commissioner as constituted to conduct a dispute resolution process under the terms of the relevant certified agreement - the pre reformed certified agreement known as the CUB Victoria CFMEU (FEDFA) Enterprise Development Agreement 2006. That agreement allows for disputes to be referred to the Commission for conciliation and arbitration if both parties agree.

PN8

We make that verbal application and would seek for a listing of that application for conciliation at some time on Monday afternoon subject to the Commissioner's availability. We have had some discussions with your associate and there appears to be some windows in the early afternoon on Monday as well as the late afternoon on Monday but I think those are effectively in your hands in relation to that. Those are my instructions Your Honour.

PN9

THE COMMISSIONER: Yes thank you. Thanks Mr Follett. Ms Walters.

PN10

MS WALTERS: If the Commission pleases, nothing further to add to the submissions of Mr Follett in the circumstances save to perhaps correct merely for the purposes of the transcript and the record - to the limited extent that I have instructions, those instructions are that rather than any undertaking having been provided to Mr Richardson by Mr Washington that in fact the events as described by Mr Follett have taken place - that is Mr Washington has taken necessary steps and relayed that information to Mr Richardson and they're not instructed as to any undertaking given in that process. Other than that we make ourselves available subject to the Commissioner's availability on Monday.

PN11

THE COMMISSIONER: All right, might I understand from what you're saying Ms Walters, that Mr Washington has spoken to the employees and that there is currently no intention by those employees to take any action - industrial action?

PN12

MS WALTERS: Those are my instructions.

PN13

THE COMMISSIONER: Thank you, well on that basis we might go off the record at this stage and have some discussion about the application to deal with the matter under the dispute resolution procedures of the agreement.

<NO FURTHER PROCEEDINGS RECORDED