BP2007/3150, Transcript of Proceedings [2007] AIRCTrans 426 (27 August 2007)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17280-1

SENIOR DEPUTY PRESIDENT RICHARDS

BP2007/3150

s.430(9)(b) - Appl’n for order to suspend or terminate a bp (endangering life)
Transit Australia Pty Ltd
and
Transport Workers’ Union of Australia
(BP2007/3150)

BRISBANE

9.09AM, TUESDAY, 14 AUGUST 2007

Continued from 10/8/2007
EXTRACT OF TRANSCRIPT OF PROCEEDINGS

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<EXTRACT OF TRANSCRIPT OF PROCEEDINGS [10.01AM]

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PN1

THE SENIOR DEPUTY PRESIDENT: Good, thanks everyone. Perhaps
Mr Dwyer?

PN2

MR DWYER: Your Honour, if I can just agree with Ms Bow. She was going to outline the agreement.

PN3

THE SENIOR DEPUTY PRESIDENT: Sorry, Ms Bow.

PN4

MS BOW: Thank you, your Honour. We’ve reached an agreement for a series of meetings to take place within the next two weeks. The first one we would like to meet on Friday, but that will be subject to the availability of the Commission. We would like to enlist the assistance of the Commission in all of these five meetings that will be scheduled. Following the first meeting we’ll have two meetings per week for the next two weeks. The two delegates will attend those meetings and will be paid for those, for all of the meetings. We will agree to withdraw the current notice of industrial action and we reserve our right to take further industrial action as outlined in the question that was put to the members in the secret ballot if necessary throughout this process.

PN5

We would be seeking to have the assistance of Commissioner Hoffman for the sole reason that he’s been involved in this process up until now and has a knowledge and understanding of the two parties.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, that's fine. And you will notify Commissioner Hoffman in the usual way?

PN7

MS BOW: Absolutely.

PN8

THE SENIOR DEPUTY PRESIDENT: Presumably by way of an application through Division 4 Part 13?

PN9

MS BOW: Thank you.

PN10

THE SENIOR DEPUTY PRESIDENT: So Mr Dwyer, the quid pro quo, if I can put it like that, is the withdrawal of this application? Is that the case?

PN11

MR DWYER: That's correct, yes. We will withdraw the application before the Commission today.

PN12

THE SENIOR DEPUTY PRESIDENT: And that will be effective today?

PN13

MR DWYER: Effective today, yes.

PN14

THE SENIOR DEPUTY PRESIDENT: Okay. So you will provide me with a written instrument of some form? An email?

PN15

MR DWYER: Yes, I'll attend to something during the course of the day.

PN16

THE SENIOR DEPUTY PRESIDENT: Okay. And that will be copied to, of course, to the TWU.

PN17

MR DWYER: To the Transport Workers Union.

PN18

THE SENIOR DEPUTY PRESIDENT: And similarly so as part of that ongoing exchange, Ms Bow, you will notify the registry and also copy to Mr Dwyer the formal withdraw of the notice in relation to the intended industrial action, is that the case?

PN19

MS BOW: Yes, that's correct.

PN20

THE SENIOR DEPUTY PRESIDENT: And that will take place today as well?

PN21

MS BOW: Yes, that's correct.

PN22

THE SENIOR DEPUTY PRESIDENT: Good. Okay then. Mr Hatcher, is there anything else from your side of the perspective that needs to be added?

PN23

MR HATCHER: No, your Honour.

PN24

THE SENIOR DEPUTY PRESIDENT: Good, okay.

PN25

MR HATCHER: Thank you.

PN26

THE SENIOR DEPUTY PRESIDENT: Are there any other details as to programming or any other matters that we need to attend to, or is the matter now suitably managed?

PN27

MR DWYER: I think it’s managed at this point, your Honour.

PN28

THE SENIOR DEPUTY PRESIDENT: Okay. Good, thanks very much everyone for your co-operation this morning. We stand adjourned.

PN29

MS BOW: Thank you.

<END OF EXTRACT [10.04AM]