C2008/2566, Transcript of Proceedings [2008] AIRCTrans 327 (2 July 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 18680-1

SENIOR DEPUTY PRESIDENT KAUFMAN

C2008/2566

s.496(1) - Application for order against industrial action (federal system).
Qantas Airways Ltd
and
Australian Licenced Aircraft Engineers Association, The
(C2008/2566)

MELBOURNE

6.08PM, FRIDAY, 20 JUNE 2008

PN1

MR F PARRY: I seek leave to appear with my learned friend MR R DALTON for the applicant.

PN2

MR K FAROUQUOE: I seek leave to appear for the ALAEA and with
MR S PURVINAS.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you Mr Farouquoe. Leave is granted, counsel, in both respects. Yes Mr Parry.

PN4

MR PARRY: Your Honour, Your Honour would have become aware of a section 496 application for an order to stop or prevent industrial action issued by Qantas directed towards the ALAEA and Mr Purvinas. The focus of that industrial action - sorry. The focus of that application and order that was sought was directed at industrial action that we had been given notice of that was to take place on 19th and 20 June, being Wednesday and Thursday of next week.

PN5

THE SENIOR DEPUTY PRESIDENT: Sorry, I think you've got your dates wrong. The notices were issued on the 19th and 20th for next week. I know it's been a long day.

PN6

MR PARRY: I read the wrong paragraph.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. While you're interrupted I caused a request to be made of your instructing solicitors some hours ago for those notices. They were promised to us, but haven't arrived. I'd like to know - well, I'd like to see them. There's a folder of documents that has now been provided. But I would have liked to have seen them earlier and I just make that observation.

PN8

MR PARRY: I will reinforce that, your Honour.

PN9

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN10

MR PARRY: Your Honour, that's the application that we have made. Minutes ago I was provided with a document by Mr Purvinas who is in the Commission being a notice to all ALAEA members Qantas re EBA update 20 June 2008. There is a heading Next Week's Work Stoppages and underneath that it says:

PN11

Next Wednesday and Thursday's work stoppages are cancelled.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes. Shades of last night.

PN13

MR PARRY: Well your Honour, we on the assumption that's to be distributed an obeyed, which appear reasonable assumptions in all the circumstances, we don't press the application and withdraw it, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes.

PN15

MR PARRY: I do indicate that we do thank you, thank the Commission for making itself available at late hours on a Friday night. We thank the Commission for that.

PN16

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Parry. Thanks aren't required. It's the requirement of the Act and that's what we do. But thank you.

PN17

MR PARRY: If your Honour pleases.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes. Adjourn the Commission. Sorry?

PN19

MR FAROUQUOE: Your Honour, can I just indicate, your Honour, a couple of matters. The ALAEA and Mr Purvinas have distributed the - well, the notice that has been handed up to your Honour has been distributed by email and I understand by fax to members of the ALAEA who are employed at Qantas. Can I indicate, your Honour, that the notice should not be construed in any way to constitute an admission that the notified action constituted industrial action other than for a purpose authorised by the Act. However, the union has in order to avoid the need for any further proceedings distributed the notice which had been handed up to your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes, thank you for that. If there is nothing else we will adjourn the Commission and we can all perhaps commence a weekend. Yes, adjourn the Commission please.

<ADJOURNED INDEFINITELY [6.12PM]