C2008/2054, Transcript of Proceedings [2008] AIRCTrans 607 (8 October 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17668

COMMISSIONER WILLIAMS

C2008/2054 & C2008/2055

s.496 - Application for orders against Industrial Action
Alcoa of Australia Ltd
and
Australian Workers' Union
CEPU
(C2008/2054)
(C2008/2055)

PERTH

12.31PM, WEDNESDAY, 24 SEPTEMBER 2008

PN1

MR A HEELAN: I appear on behalf of Alcoa World Alumina Australia in this matter, together with MS NATALIE SIMEONS, an employee relations consultant with Alcoa. May it please the Commission

PN2

THE COMMISSIONER: Thank you, Mr Heelan.

PN3

MR L EDMONDS: I seek leave to appear on behalf of the CEPU in this matter.

PN4

THE COMMISSIONER: Mr Edmonds.

PN5

MR M LOUREY: I seek leave to appear on behalf of the Australian Workers Union, the respondent to the application.

PN6

THE COMMISSIONER: Thank you.

PN7

Any objection, Mr Heelan, to Mr Edmonds and Mr Lourey’s appearance?

PN8

MR HEELAN: No, sir.

PN9

THE COMMISSIONER: All right, Mr Edmonds and Mr Lourey you are both granted leave to appear.

PN10

Yes, Mr Heelan.

PN11

MR HEELAN: Thank you, Commissioner. We confirm that yesterday at the Pinjarra Refinery industrial action took place between approximately 1.45 pm and it lasted until the commencement of night shift last night, which for the majority of the employees in question was around 7.30 pm.

PN12

The industrial action was in the form of a wildcat strike, however as a consequence of the expeditious listing of these proceedings by the Commission, Alcoa’s view is that the Commissioner’s notice of listing resulted in a resumption of work on night shift last night, and I advise that there is no industrial action occurring today either, sir.

PN13

I also advise that there’s an important meeting taking place on site at Pinjarra, concurrent with these proceedings. That meeting is in relation to or is associated with workplace negotiations between the parties, and on my instructions is being attended by all of the main players for both the unions and the company, and involves a senior corporate manager of the company who has attended from the eastern states. That’s the reason why Mr Gleeson is not in attendance today and also why we are not in a position to call evidence today.

PN14

The company’s position, sir, is that we request that the Commission adjourn the proceedings on the basis that Alcoa will make an urgent application for the proceedings to be reconvened, in the event that there is any further industrial action occurring in the near future.

PN15

I note that I did advise the Commission just over an hour ago by leaving a voicemail message on your associate’s phone, as well as Mr Pritchard from the AWU, similarly a voicemail message, and Mr Edmonds of the proceedings that we would be putting; and that occurred just over an hour ago. May it please the Commission.

PN16

THE COMMISSIONER: Thank you, Mr Heelan.

PN17

MR EDMONDS: It seems appropriate to us, sir, that course of action.

PN18

THE COMMISSIONER: Thank you, Mr Edmonds.

PN19

Mr Lourey?

PN20

MR LOUREY: Sir, we concur with that. I’ve been instructed this morning to appear. We’ve not been able to find out very much at all about what, if anything, occurred.

PN21

As to alleged industrial action, it may be that the meeting that’s taking place, that Mr Heelan described, is the reason we haven’t been able to get in contact with anyone. My instructions are that work is proceeding normally.

PN22

That’s without commenting whether there has or has not been industrial action of any form; work is proceeding normally and has been proceeding at least since 6 pm yesterday. On that basis, sir, we would point out that there’s perhaps no jurisdiction for the application to be entertained at the moment if that was in fact the case. But given that the matter sensibly is the subject of the adjournment application, then we would agree that that’s the appropriate action, sir.

PN23

THE COMMISSIONER: Very well, thank you Mr Lourey.

PN24

Mr Heelan, how long do you think the application should be adjourned for? The reason I ask this is section 496(5) directs the Commission to deal with applications like this and have them heard and determined within 48 hours. My view of that, for what it’s worth, is that it would not then be appropriate, for instance, to have applications like this adjourned indefinitely.

PN25

MR HEELAN: With the greatest respect, sir, we would submit that the minimum period that we would request that the matter remained alive for would be for the period up to 30 September to get us through the long weekend. May it please the Commission.

PN26

THE COMMISSIONER: Thank you, Mr Heelan.

PN27

Mr Edmonds and Mr Lourey, I have raised the issue with the length of the adjournment. Is that anything you wish to make any observations or submissions on?

PN28

MR LOUREY: Sir, like you we would say that if something is to occur the Act clearly envisages that that occur quickly. We’re not sure of the relevance of the long weekend. This is, as are the power sites, continuous operations in the sense of 24 hour seven day operations in terms of production and mining and so forth. So presumably it makes little difference on the ground whether there’s a long weekend or not, I wouldn’t have thought, other than people who are employed during the day, Monday to Friday type hours.

PN29

But clearly there would need to be a short and distinct period of adjournment, at the end of which the applicant either progresses the matter of discontinues it. So that period should be, I would have thought, relatively short in terms of the Act’s provisions and the objects otherwise.

PN30

THE COMMISSIONER: Thank you, Mr Lourey.

PN31

Mr Edmonds?

PN32

MR EDMONDS: Yes, thank you, sir. I’m not sure too much turns on whether this application is adjourned for 48 hours or until Tuesday of next week, simply because it’s almost as easy to file a fresh application than it is to bring on an application that has already been adjourned. So we are certainly in the Commission’s hands as to how long the Commission wishes to adjourn it for.

PN33

THE COMMISSIONER: Very well.

PN34

My decision is this: I will now adjourn the matters as requested by the applicant. The matters will be adjourned until I’m advised that there is a need for them to be called back on, and if I’m not so advised by 10 am on Monday morning coming, the files will be closed. Thank you.

PN35

Mr Heelan?

PN36

MR HEELAN: If I may, sir, having regard for - - -

PN37

THE COMMISSIONER: Monday is the public holiday, isn’t it?

PN38

MR HEELAN: That’s correct, sir.

PN39

THE COMMISSIONER: Yes, all right. I take your point. I’ll withdraw that. 10 am of Tuesday of next week. Thank you.

PN40

MR HEELAN: Thank you, sir.

PN41

THE COMMISSIONER: On that basis, the Commission is adjourned.

<ADJOURNED ACCORDINGLY [12.40PM]