C2008/3301, Transcript of Proceedings [2008] AIRCTrans 798 (8 December 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 19440-1

COMMISSIONER BLAIR

C2008/3301 C2008/3302 C2008/3303

s.496(1) - Application for order against industrial action (federal system).

Concept Engineering (Aust) Pty Ltd
and
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
(C2008/3301)

Skilled Group Limited
and
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
(C2008/3302)

Chelgrave Contracting Aust Pty Ltd
and
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
(C2008/3303)

Melbourne

12.13PM, TUESDAY, 25 NOVEMBER 2008

PN1

MR A DALTON: If the Commission pleases, I’m from the Australian Industry Group representing the three companies in this matter. With me today is MR J ALLEN from Concept Engineering, MR P BOROVOKIS from Skilled Group and MR B MITCHELL from Chelgrave.

PN2

MR J WIELADEK: If it pleases the Commission, I appear for the AFMEPKIU. With me is MS D ROBERTS.

PN3

THE COMMISSIONER: Thank you. Yes, Mr Dalton.

PN4

MR DALTON: Thank you, Commissioner. Thank you for your prompt attention to this matter. The companies appreciate the Commission making itself available at such short notice. I just want to make a couple of opening remarks in terms of this matter. I have had discussions with my colleague from the AMWU and they suggested going into conference but we would just like to put a couple of opening remarks on the record.

PN5

In terms of this matter, section 496 provides for orders relating to action for federal system employers and employees and:

PN6

If it appears to the Commission that the industrial action by an employer and employees or by an employer that is not or would not be protected action, is happening or is threatened, impending or probable or being organised, the Commission must make an order that the industrial action stop, not occur and not be organised.

PN7

Now, in terms of that, the union has issued notices and I have copies that I can make available in due time to the Commission that a meeting has been organised by the union for 10 am, Wednesday, 26 November 2008 at the AMWU offices at 251 Queensberry Street, Carlton South, for labour hire employees. This meeting has not authorised, arranged in conjunction with the employers and therefore we would say that this stoppage of work does not fit the - would fit the definition of industrial action as, as I say, it has not been authorised or arranged with the employer.

PN8

At this point, I think that I can leave it there and we can have discussions in conference and come back to this if we need to, Commissioner. If the Commission pleases.

PN9

THE COMMISSIONER: All right. Thanks, Mr Dalton. Do you wish to put anything, Mr Wieladek?

PN10

MR WIELADEK: Just very briefing, sir. At this point I would just like to outline that the union makes no concessions or admissions in respect of what my friend has outlined to the Commission.

PN11

THE COMMISSIONER: No, that’s fine, thank you. All right. The Commission will go into conference, thanks.

<SHORT ADJOURNMENT [12.16PM]
<RESUMED [1.10PM]

PN12

THE COMMISSIONER: All right. Mr Dalton, thanks.

PN13

MR DALTON: Yes, thank you, Commissioner. In terms of this, I’m not sure that I’m going to say too much more in terms of submissions. Each of these companies has workplace agreements. Those workplace agreements expire on 30 June 2009. This action cannot be protected action given the operation of those agreements.

PN14

We would say that the union notice that has been provided to the Commission makes it clear that there has been a meeting organised for during work time. That meeting would necessitate the employees stopping work. Those employees have not been authorised to stop work by the employer. Therefore, that would fit within the definition of industrial action within the Act and we would say that that notice is sufficient evidence to the Commission that the industrial action is threatened, impending or probable, as required in section 496(1)(b) of the Act.

PN15

Given that scenario, Commissioner, I will leave my submissions here, depending upon what my colleague has to say and in terms of whether there are any further questions from the Commission, if the Commission pleases.

PN16

THE COMMISSIONER: Thank you. Yes, Mr Wieladek.

PN17

MR WIELADEK: Thank you, Commissioner. The union opposes the application made by AIG on behalf of the number of applicants. Further to this, the union just makes no admissions or concessions in respect of any of the submissions or evidence led by Mr Dalton today. Beyond that, Commissioner, there is nothing I can further add, if the Commission pleases.

PN18

THE COMMISSIONER: Thank you.

PN19

There are three applications currently before the Commission under section 496(1) of the Workplace Relations Act. The first application involves Chelgrave Contracting Australia Pty Ltd, the second one Skilled Group Ltd, and the third application is Concept Engineering (Aust) Pty Ltd, those being the applicants with the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being the respondent.

PN20

The parties have tried to remedy this particular matter in conference. Unfortunately, that has not been the case. Accordingly, the Commission, and based upon the information that has been provided to it, is satisfied that the requirements of the Act in order for the Commission to issue such an order do exist.

PN21

There is industrial action that is happening, impending or probable. The industrial action referred to is a proposed stop work meeting that is to occur at 10 am on Wednesday, 26 November 2008. That meeting is to occur at the AMWU offices in Queensberry Street, Carlton South.

PN22

There are already in place with each of the three applicants existing enterprise agreements that do not expire until June 2009.

PN23

The Commission having been satisfied that the requirements of the Act have been met in order for the Commission to issue the order, orders shall be issued that shall be effective from today at 2.30, that is, Tuesday, 25 November 2008 and each order shall remain in force until 5 pm on 31 January 2009.

PN24

No further business. The Commission wishes you all a good afternoon.

<ADJOURNED ACCORDINGLY [1.14PM]