C2008/2411, Transcript of Proceedings [2008] AIRCTrans 189 (30 April 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 18400-1

VICE PRESIDENT WATSON

C2008/2411

s.496(1) - Appl’n for order against industrial action (federal system).
Qantas Airways Limited
and
National Union of Workers
(C2008/2411)

MELBOURNE

2.03PM, THURSDAY, 17 APRIL 2008

Continued from 16/4/2008

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA VIDEO CONFERENCE AND RECORDED IN MELBOURNE

PN521

THE VICE PRESIDENT: Are there any changes in appearances?

PN522

MS R BERNASCONI: Your Honour, in Sydney, with me I have MS K SRDANOVIC who is an Industrial Relations Manager with Qantas.

PN523

THE VICE PRESIDENT: Thank you, Ms Bernasconi. We have received correspondence from the NUW and I believe copies were forwarded to you, Ms Bernasconi, indicating that the union does not intend to make any further submissions in the matter and won't be appearing today. Ms Bernasconi, are you able to report on the events since last evening and the current circumstances?

PN524

MS BERNASCONI: I am, your Honour. I can confirm that after the proceedings yesterday Blake Dawson served a copy of the interim order by fax at 9.38 pm on 16 April on Mr Charlie Donnelly who is the General Secretary of the NUW at the fax for the National Office. Blake Dawson also served a copy of the interim order at 9.41 pm on 16 April on Mr Derek Belan who is the Branch Secretary of the New South Wales branch of the NUW. After the interim order was received by Blake Dawson and Qantas at approximately 9.40 pm last night the company did a number of things.

PN525

Firstly, it emailed a copy of the interim order as well as a memorandum from Mr Robert Ladrum to all storemen dated 16 April 2008 and, your Honour, I sent by email to your associate a copy of that memorandum earlier today. That is a copy of that memorandum and the interim orders was attached to an email to all Sydney Freight Terminal employees who have a work email address. Secondly, the company posted a copy of the interim order and the memorandum on all notice boards in the workplace, and thirdly, placed a copy of the interim order and the memorandum in all pigeon holes of Sydney Freight Terminal employees at their workplace.

PN526

That was what occurred, your Honour, shortly after 9.40 pm last night. In addition today I'm instructed that the company representatives have handed a copy of the interim order and the memorandum to employees as they have attended for work this morning. In addition copies of the - probably unnecessary - but copies of the notice of listing from the Commission notifying the listing at 2 pm today, the formal notification was also circulated by hand to a number of employees in the workplace and posted on the noticeboard.

PN527

Finally, the company has arranged for a courier company to deliver a copy of the interim order and the memorandum to employees at the Sydney Freight Terminal who are not at work today. Your Honour, those are the matters in terms of the directions, I think, or the directions that were made to notify employees of these proceedings at 2 o'clock today. There are no employees present in the court at this end and I'm assuming there aren't any in Melbourne. In those circumstances, your Honour, we say that the Commission ought now make the interim orders as final orders in determination of the matter.

PN528

THE VICE PRESIDENT: Yes. Are you able to indicate whether any industrial action is occurring at the moment?

PN529

MS BERNASCONI: Your Honour, I can simply say that there have been a number of issues that have occurred this morning which are of concern but I'm not instructed to place any more detail on the record in relation to those matters. Our client is considering the options available to manage those matters.

PN530

THE VICE PRESIDENT: Yes. If I were to make the interim order a final order what do you say as to the necessity for further service and other matters that are contained in the order as it currently stands? Rather than issue a new order I was proposing to vary the order to remove the work "interim" and I was thinking that it might be simply appropriate to post that amended notice on noticeboards and serve the NUW.

PN531

MS BERNASCONI: Yes, your Honour, that would, certainly it would appear to us that if none of the substantive provisions, if I can call it that, in terms of the orders requiring employees to do or not to do certain things and the same with the union, that it would be quite onerous on the company in the circumstances to have to re-issue the document in the way that we have overnight and today to employees and we would agree with that approach if the Commission is comfortable with adopting that approach and we would certainly be more than happy to serve a copy on the NUW by fax as well as post copies around at the workplace.

PN532

THE VICE PRESIDENT: Yes. Thank you for that, Ms Bernasconi. I propose to take that course. The interim order issued last night will be varied in the title clause and it will be simply an order entitled the Qantas Airways Limited NUW Sydney Freight Terminal April 2008 Industrial Action Order, and I would direct that Qantas display a copy of the order as varied at noticeboards at the workplace and serve a copy on the NUW Federal Office. Unless there's anything further, the Commission will now adjourn.

PN533

MS BERNASCONI: If it please the Commission.

<ADJOURNED INDEFINITELY [2.12PM]