BP2008/3381, Transcript of Proceedings [2008] AIRCTrans 342 (9 July 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 18692-1

COMMISSIONER LEWIN

BP2008/3381

s.451(1) - Application for order for protected action ballot to be held
Transport Workers’ Union of Australia
and
Rancho Holdings Pty Ltd
(BP2008/3381)

MELBOURNE

2.53PM, WEDNESDAY, 25 JUNE 2008

PN1

THE COMMISSIONER: My apologies for the late start. Mr Smith for the TWU, Mr Ironmonger on behalf of?

PN2

MR R IRONMONGER: Rancho Holdings.

PN3

THE COMMISSIONER: Rancho Holdings?

PN4

MR IRONMONGER: Pty Ltd, yes, Commissioner. Just before we go on the record, it might be an advantage if we had a private conference, if the union agree.

PN5

THE COMMISSIONER: Mr Smith.

PN6

MR H SMITH: As this is my first appearance in an application for a protected action ballot I am more than happy to go down that road. With me is the area organiser, Mr D Coghill.

PN7

THE COMMISSIONER: Very well, I'll adjourn the hearing for a short time into private conference.

<SHORT ADJOURNMENT [2.53PM]
<RESUMED [3.18PM]

PN8

THE COMMISSIONER: Yes, Mr Smith, I've noted your appearance for the TWU and Mr Ironmonger for Rancho Holdings. Go ahead, Mr Smith.

PN9

MR SMITH: You've got in front of you, Commissioner, an application for a protected action ballot for Rancho Holdings, a company that employs some 19 members of the TWU. We're seeking that you issue orders for a ballot with the following timetable, that the roll of voters close at 5 pm on Friday, 27/06/2008, that the roll of voters be supplied to the AEC by 4 pm on Thursday, the 26th.

PN10

THE COMMISSIONER: These are the lists of the employer and the union?

PN11

MR SMITH: Correct. That the time for voting be 7 am to 8 pm on 2 July 2008.

PN12

THE COMMISSIONER: As an attendance ballot?

PN13

MR SMITH: As an attendance ballot and the purpose of that is that there are three shifts of employees but they all leave and depart from the site at numerous times during the day. They only operate in short runs so they will have no difficulty attending sometime during the day and voting in person. The location of the ballot is lot 82, Gadsden Court, Wodonga. Unless you have something else that you wish me to say, Commissioner.

PN14

THE COMMISSIONER: No, I don't. Does Rancho Holdings Pty Ltd have any objection to an order as sought?

PN15

MR IRONMONGER: Commissioner, we say we've complied with your directions issued on 24 June.

PN16

THE COMMISSIONER: The notices have been posted?

PN17

MR IRONMONGER: They have been posted and subject to the Commission being satisfied the Act has been met, there's nothing more we can say. If the Commission pleases.

PN18

THE COMMISSIONER: I am satisfied that all the statutory requirements in relation to the application for a protected action ballot have been met and I propose to issue an order. The order will have effect on and from today's date and remain in force for 30 days. The order will be provided to the parties directly in the first instance via electronic communication and a hard copy of the order will be forwarded directly to the parties by post. Thank you.

<ADJOURNED INDEFINITELY [3.21PM]