C2013/3196, Transcript of Proceedings [2013] FWCTrans 128 (26 February 2013)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 1035632-1

COMMISSIONER BLAIR

C2013/3196

s.418 - Application for an order that industrial action by employees or employers stop etc.

Lend Lease Infrastructure Services Pty Ltd
and
The Australian Workers' Union; Construction, Forestry, Mining and Energy Union; "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Members of the CFMEU, AMWU and CEPU
(C2013/3196)





Melbourne

11.53AM, TUESDAY, 19 FEBRUARY 2013

PN1

THE COMMISSIONER: Good morning. Could I have appearances, please.

PN2

MR H. SKENE: If the commissioner pleases, my name is Skene, initial H. I seek permission to appear in matter 3196 for Lend Lease Infrastructure Services.

PN3

THE COMMISSIONER: Thanks, Mr Skene.

PN4

MR P. NOLAN: If the commission pleases, I appear on behalf of Chelgrave Contracting, with MR SCOTT and MR MITCHELL. With me also is MS CRAWFORD and (indistinct) from Australian Industry Group.

PN5

THE COMMISSIONER: Thanks, Mr Nolan.

PN6

MR G. BORENSTEIN: If the commission pleases, Borenstein, initial G., for the CEPU.

PN7

THE COMMISSIONER: Thanks, Mr Borenstein.

PN8

MS J. MALONEY: If the commission pleases, Maloney, initial J., for the AMWU.

PN9

THE COMMISSIONER: Thanks, Ms Maloney.

PN10

MS K. MARSHALL: Marshall, initial K., appearing for the CFMEU.

PN11

THE COMMISSIONER: Thanks, Ms Marshall.

PN12

MR C. WINTER: If the commission pleases, Winter, C., appearing on behalf of the AWU.

PN13

THE COMMISSIONER: Thanks, Mr Winter. Now, who'd like to lead off, Mr Skene or Mr Nolan? Mr Skene?

PN14

MR SKENE: Thank you, Commissioner. These are applications that concern industrial action at the Australian paper site at Maryvale, sites at which both Lend Lease and Chelgrave are currently performing services in relation to a shutdown. We have had some preliminary discussions and in the first instance we would seek your assistance in conciliation to see if the matter might be capable of being resolved at that point.

PN15

THE COMMISSIONER: Okay. Is that the position of the parties. Mr Nolan?

PN16

MR NOLAN: Yes.

PN17

THE COMMISSIONER: The union?

PN18

MS MARSHALL: I believe that the CFMEU has been - sorry, I'll leave it to my learned friend to - - -

PN19

MR SKENE: Yes, my friend is quite right. The application made by Lend Lease is not pressed as against the CMFEU, so subject to your views, Commissioner, we're content for them to be excused at this stage.

PN20

THE COMMISSIONER: Ms Marshall, have your members been good boys?

PN21

MS MARSHALL: Apparently so, Commissioner.

PN22

THE COMMISSIONER: You must chalk that one up then. All right, you're fine. Thanks, Ms Marshall.

PN23

MS MARSHALL: Thank you, Commissioner.

PN24

THE COMMISSIONER: All right. We'll go into conference.

OFF THE RECORD [11.55AM]
ON THE RECORD [12.01PM]

PN25

THE COMMISSIONER: The commission has had an opportunity to have a discussion with the parties. Mr Skene, along with the parties, have taken the commission through what is to be provided by way of undertakings. Mr Skene has also undertaken to have it put in a proper form, to provide that document to the commission and to the respective parties so that they can have it on file. Mr Borenstein, on behalf of the CEPU, you accept the undertaking?

PN26

MR BORENSTEIN: Yes, Commissioner, we do accept the undertaking. We make the undertaking obviously without any admission of liability.

PN27

THE COMMISSIONER: Yes.

PN28

MR BORENSTEIN: But we give the undertaking.

PN29

THE COMMISSIONER: Yes, of course. Ms Maloney?

PN30

MS MALONEY: Yes, Commissioner. The AMWU is prepared to give the undertaking.

PN31

THE COMMISSIONER: And on the same basis?

PN32

MS MALONEY: On the same basis.

PN33

THE COMMISSIONER: Yes, okay. Mr Winter?

PN34

MR WINTER: Yes, we're prepared to give the undertaking on the same basis.

PN35

THE COMMISSIONER: Okay. All right, fine. Is there anything else that we need to do? Mr Skene?

PN36

MR SKENE: Only, Commissioner, that the matter be stood over until 28 February.

PN37

THE COMMISSIONER: Of course, yes. Sorry. The matter will be stood over to the 28th. Do the parties actually necessarily - if everything goes smoothly - need to get together, because I'm scheduled to be in the high country. Not socialising; with work actually.

PN38

MR SKENE: No, I understand, Commissioner. I think what's envisaged is that if all goes smoothly, the applicants will notify you that that date is not required.

PN39

THE COMMISSIONER: Okay.

PN40

MR SKENE: If all doesn't go smoothly, we may well know before the 28th.

PN41

THE COMMISSIONER: That's right, and we'll deal with it then.

PN42

MR SKENE: Indeed.

PN43

THE COMMISSIONER: Okay. All right. That's fine. Thank you very much. We'll stand adjourned.

<ADJOURNED UNTIL THURSDAY, 28 FEBRUARY 2013 [12.03PM]