AG2012/3855, Transcript of Proceedings [2012] FWATrans 605 (4 June 2012)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 1033753-1

SENIOR DEPUTY PRESIDENT ACTON

AG2012/3855

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Application by Sharp Tiling Pty Ltd
(AG2012/3855)
Sharp Tiling Pty Ltd and the FTAA/CFMEU (Master Painters, Signwriters, Plasterers and Tilelayers) Building and Construction Industry Enterprise Agreement 2008-2011

(ODN AG2009/18583)
[AE872362 Print PR991095]]




Melbourne

10.50 A.M., TUESDAY, 29 MAY 2012

PN1

THE SENIOR DEPUTY PRESIDENT: Can I have the appearances please.

PN2

MS K. MARSHALL: I appear for the CFMEU.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you. Ms Marshall, the applicant in this matter has not attended. Our file shows that the applicant and indeed yourselves were advised of this proceeding today on 16 April 2012.

PN4

MS MARSHALL: Yes, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: Indeed that advice of 16 April 2012 was sent advising of that new date of today because the applicant was unavailable on the previous listing date. The applicant hasn't turned up today. My Associate has contacted the applicant and has been given various views about why they're not here, one of which seems to be that they thought the matter was on tomorrow. I must say that subject to what you might say and any discussions you had my inclination would be to dismiss the application.

PN6

MS MARSHALL: That would be what we would be seeking, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: It seems to me there is no prejudice in any instance to the application in doing so. They can file again if they wish to prosecute the matter. But I would be fearful if a merely adjourned it that we are again unconvincing both the Tribunal and yourselves with another date at which they may not appear on which they indicate they can't appear at short notice. We have tried to accommodate them now twice and yet they haven't done so. Your view?

PN8

MS MARSHALL: We would be submitting that the application be dismissed, yes, your Honour.

PN9

THE SENIOR DEPUTY PRESIDENT: I must say in light of the circumstance where the applicant has been unable to attend on two occasions, for whatever reason, it is my view - and I will do so, I will dismiss the application - essentially for want of prosecution. If the applicant wishes to re-lodge they may do so.

PN10

MS MARSHALL: If the Commission pleases.

PN11

THE SENIOR DEPUTY PRESIDENT: I will adjourn.

<ADJOURNED INDEFINITELY [10.53AM]