BP2007/4471, Transcript of Proceedings [2007] AIRCTrans 654 (4 December 2007)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 17807-1

COMMISSIONER SIMMONDS

BP2007/4471

s.451(1) - Application for order for protected action ballot to be held
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
and
Nyrstar Hobart Pty Ltd
(BP2007/4471)

HOBART

9.33AM, MONDAY, 19 NOVEMBER 2007

PN1

PN1

MR G BORENSTEIN: I appear for the applicant along with MS N WELLS an organiser of the applicant.

PN2

MR M DOUBLE: I appear with MR SHILLENE for Nyrstar Hobart Pty Ltd.

PN3

THE COMMISSIONER: Yes, thanks Mr Double. Look I've listed this matter for mention just simply to see two things, whether we really are at the stage where negotiations are beyond any further hope and offer the Commission's assistance if that would help and secondly to establish whether there's going to be any opposition to the substantive proposition that has been put forward by the ETU. So I guess Mr Double the ball is in - I will ask for your response on the second question and maybe there's a response from the first too.

PN4

MR DOUBLE: That's fine. There is a response from the company. In fact tomorrow - I understand today is a hearing but tomorrow certainly we were going to be seeking to have the matter rejected or preferably even dismissed. A notice to initiate a bargaining period was served on Nyrstar Hobart Pty Ltd on 28 September - - -

PN5

THE COMMISSIONER: Okay look I won't get into the argument. It's clear then that there is going to be opposition to it.

PN6

MR DOUBLE: Certainly there will be.

PN7

THE COMMISSIONER: Do you see any value in the Commission providing some sort of assistance?

PN8

MR DOUBLE: It may be worth going into conference.

PN9

THE COMMISSIONER: Yes. Mr Borenstein?

PN10

MR BORENSTEIN: The relevant negotiator Kevin Harkins is up north I understand doing other matters. We don't oppose the Commission being involved in some conciliation and I think a meeting was going to be organised. I think we put forward a date for negotiations because we don't stop negotiating just because - - -

PN11

THE COMMISSIONER: Yes, sure, nor can you.

PN12

MR BORENSTEIN: No, that's right. I think we put forward a date but the company wasn't available to make it but I'm not sure if all the company representatives are here to negotiate, but I think Kevin would have to be here and possibly the - - -

PN13

THE COMMISSIONER: When is he likely to be back in town?

PN14

MS WELLS: Tomorrow.

PN15

MR BORENSTEIN: Tomorrow.

PN16

THE COMMISSIONER: The matter is going to come on tomorrow either way. I mean I can't delay it. We can take it further tomorrow but in the meantime I'm going to have to issue a couple of directions. One is the standard direction in regard to the requirements for the employer to post notices and so on but the other will be a direction which I'll issue verbally which will be requiring Nyrstar to provide an outline of its argument to the CEPU by close of business today so that they're aware of what's being argued and can respond. The matter will be listed for I think probably nine o'clock tomorrow morning because we have a bit of other work involving the ETU during the rest of the week and I will be issuing at the conclusion of these proceedings directions to the company in regard to the protected action ballot order.

PN17

So I think that's as far as we need to go today. I mean part of the problem is that if there is no opposition then tomorrow becomes a formality, that's why I listed it for mention now to deal with that. Clearly tomorrow won't be a formality and everyone is on notice to argue it out. I think if there's nothing further people want to raise this morning the proceedings are adjourned. My associate will provide you with a letter and a copy of the directions, Mr Double, and I'd ask you to wait - is everything ......

PN18

ASSOCIATE: Yes, except for the listing.

PN19

THE COMMISSIONER: Except for the listing. So I'd ask you to wait both - well, you're going to be here anyhow but, Mr Double, if you could wait we can provide you with a listing of tomorrow's matter.

PN20

MR DOUBLE: Okay, to make sure.

PN21

THE COMMISSIONER: Okay, the proceedings are adjourned on that basis until 9 am tomorrow.

<ADJOURNED UNTIL TUESDAY 20 NOVEMBER 2007 [9.37AM]