BP2008/3601, Transcript of Proceedings [2008] AIRCTrans 454 (21 August 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 18935-1

COMMISSIONER BLAIR

BP2008/3601

s.451(1) - Application for order for protected action ballot to be held
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
and
Bartter Enterprises Pty Ltd
(BP2008/3601)

MELBOURNE

1.05PM, FRIDAY, 08 AUGUST 2008

Hearing continuing

PN1

MR J WIELADEK: I appear for AFMEPKIU.

PN2

MR T CAPELIN: I appear for Bartter's.

PN3

THE COMMISSIONER: Mr Capelin, you're from Australian Business Lawyers?

PN4

MR CAPELIN: That's correct Commissioner.

PN5

THE COMMISSIONER: You seek leave?

PN6

MR CAPELIN: I do.

PN7

THE COMMISSIONER: Mr Wieladek?

PN8

MR WIELADEK: No sir.

PN9

THE COMMISSIONER: Thank you, leave is granted thanks Mr Capelin.
Mr Wieladek, it's your application.

PN10

MR WIELADEK: Yes sir. This is an application by a union under section 451 of the Act. Today we are here to ask the Commission to grant an order for the posting to go out to the employees in respect of a substantive hearing. The other thing that I have been instructed to flag with the Commission, request the Commission if it was inclined to do so and I've raised this with my friend informally earlier today - that on the day of the substantive hearing with matters before the hearing that the union would be open to conciliation with the Commission's assistance to - I don't think that the distance between the parties is insurmountable. The Commission could assist us with that.

PN11

THE COMMISSIONER: Mr Capelin, from the company's point of view is the application - or the substantive application going to be imposed?

PN12

MR CAPELIN: We're reserving our position on that at the moment Commissioner. In relation to the order for the posting of the notices we'd just seek some variations - I've spoken to my friend about minor variation - this is a site where there's some 500 employees. The employees ..... it's a disagreement of four employees ..... in the maintenance area. It's just a matter of the notices, rather than having them going all over the site, just in the workshop where the maintenance employees reside.

PN13

THE COMMISSIONER: Right. Mr Wieladek, is there an issue regarding that?

PN14

MR WIELADEK: No sir, it's probably best that the maintenance crew get the notice in the best way possible for them.

PN15

THE COMMISSIONER: In terms of the proposal Mr Capelin by Mr Wieladek, that prior to any hearing of the substantive application, the Commission facilitate conciliation - what's the company's view on that?

PN16

MR CAPELIN: We don't oppose it. It may well be helpful.

PN17

THE COMMISSIONER: All right. Where are the maintenance employees
Mr Wieladek?

PN18

MR WIELADEK: Physically where the company's located. I think it's in Geelong. Is that right?

PN19

MR CAPELIN: That's .....

PN20

MR WIELADEK: That's right.

PN21

THE COMMISSIONER: The earliest I could facilitate - the company headquarters is in Sydney or Melbourne Mr Capelin?

PN22

MR CAPELIN: In Sydney Commissioner.

PN23

THE COMMISSIONER: I have a day free as it were Wednesday the 20th but that's unfortunately in Sydney and that's due to a Full Bench that I'm on and a bit of a gap between a Full Bench and attending a conference in Darwin, so I'm not keen to - tax payer's money to fly back to Melbourne for a conference and then fly from Melbourne to Darwin. It's a pretty expensive exercise, so the earliest time I would have other than that, would be say the afternoon of Monday the 25th.

PN24

MR WIELADEK: Sir, I think if that's - if that's the Commission's ..... we can fit in with that.

PN25

THE COMMISSIONER: Is that all right with you Mr Capelin?

PN26

MR CAPELIN: I understand - I haven't got clear instructions on that but I understand the company will make people available for that.

PN27

THE COMMISSIONER: I'm happy to have it - as everyone gets their instructions I get mine - Mr Wieladek, what's your view about the discussions occurring in Sydney at the earlier date?

PN28

MR WIELADEK: I know that at the minimum, the relevant people that would have to attend that would be myself and the organiser and perhaps there may be a site representative. I'm not quite across that. I don't know what the ability for you to send people around is, but I could discuss that with the organiser and the state secretary.

PN29

THE COMMISSIONER: Well, can we leave it at this? At this point
Mr Wieladek has discussions with his officers about whether or not they're prepared to accommodate the discussions in Sydney on Wednesday the 20th and if they are then that's fine, we'll schedule it for that and if you could advise no later Mr Wieladek, than say the middle of next week in order to get notices out and so forth. If that's not possible then most certainly we could say one o'clock on Monday 25 August if that's okay.

PN30

MR CAPELIN: That's sounds suitable Commissioner. I suspect Melbourne's going to be more fruitful than having it in Sydney.

PN31

THE COMMISSIONER: No problems. As you know, we're a customer focussed Commission and we're just trying to offer our customers some variety.

PN32

MR CAPELIN: Thank you Commissioner.

PN33

THE COMMISSIONER: All right, well at this point we'll stand adjourned until 1 pm Monday 25 August in Melbourne depending on the advice we get, it might be sooner in Sydney. Thank you for that Commission will stand adjourned.

<ADJOURNED UNTIL MONDAY 25 AUGUST 2008 [1.12PM]