C2015/1676, Transcript of Proceedings [2015] FWCTrans 100 (3 March 2015)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009                                                     1051421-1

                                                                                                                   

COMMISSIONER BLAIR

C2015/1676

s.418 - Application for an order that industrial action by employees or employers stop etc.
 
CBI Constructors Pty Ltd
 and 
"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU); The Australian Workers' Union
(C2015/1676)
The Longford Gas Conditioning Plant Project Construction Agreement 2013 between CBI Constructors Pty Ltd and the AMWU, AWU, CEPU and CFMEU
 
(ODN AG2013/11114)
[AE405178 Print PR544148]]
 
 

Melbourne

2.21 PM FRIDAY, 13 FEBRUARY 2015

PN1

THE COMMISSIONER: Good afternoon. Appearances, please.

PN2

MR T BRADFORD: Commissioner, BRADFORD, T, for the Australian Mines and Metals Association, representing CBI Constructions Pty Ltd. Appearing with me is MR CALIGURIS(?), W, and MR BOOTHMAN, R. He’ll be called as a witness, Mr Boothman, also.

PN3

THE COMMISSIONER: Thank you, Mr Bradford.

PN4

MR TERZIC: Thank you, Commissioner. I appear on behalf of the organisation known as the AMWU, but I should make clear, Commissioner, I do not appear on behalf of any of the AMWU members who might be affected by this; I just appear on behalf of the organisation.

PN5

THE COMMISSIONER: Thank you.

PN6

MR C WINTER: If the Commission pleases, WINTER, C, appearing on behalf of the Australian Workers Union.

PN7

THE COMMISSIONER: Thank you, Mr Winter.

PN8

This is an application under section 418. As the Commission understands it, according to the application, the employees of CBI met yesterday and advised the company, on completion of the meeting, that they were not intending to return to work until next Tuesday at the gas conditioning plant site; they were members of the Australian Workers Union.

PN9

The Commission was advised this morning that members of the Amalgamated Metalworkers Union at the Longford site - not the gas conditioning plant site; is that right, the Longford site?

PN10

MR BRADFORD: No, the gas.

PN11

THE COMMISSIONER: At the gas conditioning plant site as well?

PN12

MR BRADFORD: Yes.

PN13

THE COMMISSIONER: Thank you. Decided that they would withdraw their labour as well. It’s asserted that the withdrawing of the labour is unprotected industrial action given that there is an enterprise agreement in place and, therefore, they have sought orders under section 418.

PN14

Is there any value at this point in just going off transcript for a jiff?

PN15

MR TERZIC: We’re content with that course, Commissioner.

PN16

MR BRADFORD: Yes, Commissioner.

PN17

THE COMMISSIONER: Okay.

OFF THE RECORD                                                                               [2.24 PM]

ON THE RECORD                                                                                 [2.47 PM]

PN18

THE COMMISSIONER: The Commission has had an opportunity to have a discussion off transcript. The Commission notes that the order is not binding on two employee organisations - the AMWU or the AWU - and I note that both unions represent the organisations.

PN19

Therefore, the Commission is satisfied, based on the material that has been provided, that it should issue the order as sought but it would be an interim order. The interim order would be effective from 5 pm today’s date, Friday, 13 February 2015, and shall remain in force until 5 pm, 20 February 2015. It does so in order to provide an opportunity for anyone that is bound by the order to allow them the opportunity to be heard if they wish to do so.

PN20

If the Commission is not advised that somebody wishes to be heard, then a formal order will be issued. That order will be effective from 5 pm, Friday, 20 February 2015, and shall remain in place until 12.01 am, 16 May 2015.

PN21

No further business; the Commission stands adjourned, thanks.

ADJOURNED INDEFINITELY                                                           [2.48 PM]