RE2009/10020, Transcript of Proceedings [2009] FWATrans 504 (7 August 2009)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 20806-1

COMMISSIONER HARRISON

RE2009/10020

s.505 - Application to deal with a right of entry dispute

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
and
Standard Communications Pty Ltd
(RE2009/10020)





Sydney

2.30PM, TUESDAY, 28 JULY 2009

PN1

MR A WALKADEN: I am from the AMWU, Commissioner, and I appear with MR G WALLACE, official for the site.

PN2

THE COMMISSIONER: Thank you. Ms Whiteford?

PN3

MS B WHITEFORD: Yes, that's right, Whiteford and MR CLANCY for Standard Communications.

PN4

THE COMMISSIONER: Thank you, Ms Whiteford. Mr Walkaden?

PN5

MR WALKADEN: Thank you, Commissioner. Commissioner, this is an application made by the AMWU under section 505 of the Act. We say there is a dispute presently between the union and the employer and the principle dispute is this, Commissioner. The official for the site, Mr Wallace, sought entry to the company premises pursuant to the right of entry provisions in the Act to hold discussions. Mr Wallace was allocated a particular room. We say that the request by the company for Mr Wallace to conduct discussions in that room is unreasonable and drawing your attention, Commissioner, to section 492 of the Act mentions that the permit holder must comply with any reasonable request by the occupier of the premises and goes on to say, a provision at 492(1A):

PN6

To conduct interviews or hold discussions in a particular room or area of the premises.

PN7

Then at the sub provision there, 492(2), Commissioner, it goes on to say what may well be and it's by no means an exhaustive list, it goes on say what may well be an unreasonable request. Commissioner, that's precisely what we say has happened here. We say the request by the company for Mr Wallace to conduct discussions in the said room is an unreasonable request and that explains why the union has brought the application this afternoon. Having said that, Commissioner, there has been some discussions between myself and the company shortly before we commenced and it is our view that the parties would seek to go off the record, have some discussions and see if we can resolve the issues.

PN8

If we can't resolve the issues obviously we reserve the right to come back at a later stage and press for orders, Commissioner, in the terms that we've sought.

PN9

THE COMMISSIONER: Good, thank you, Mr Walkaden. Ms Whiteford?

PN10

MS WHITEFORD: Thank you, Commissioner. I'd just, if I could, just refer to the notes here. We obviously disagree that there is a dispute. We were not aware that the union was unhappy with the room that we had allocated to them until we received a copy of the orders that the union is now seeking and I would also like to draw the Commissioner's attention to the section of the Act that says, I request under subsection (1) and this is 492(3) is not unreasonable only because the room area or route is not that which the permit holder would have chosen. And I think that that's fairly obvious from the request that they would like to use our lunch room. That is a preferred room for them but I disagree with the other grounds that they in their application.

PN11

THE COMMISSIONER: All right. Well, I think the suggest that we go off the record and have a conference might be the most practical to proceed.

PN12

MS WHITEFORD: Yes. Yes, Commissioner, thank you.

PN13

THE COMMISSIONER: All right. Thank you. I will adjourn into conference.

<NO FURTHER PROCEEDINGS RECORDED