AG2015/3386, Transcript of Proceedings [2015] FWCTrans 616 (5 November 2015)

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PN1

THE DEPUTY PRESIDENT: Appearances please.

PN2

MR W SWAIN: Deputy President, my name is Swain, first name Warren and with me I have Mr John Mitchell from the Company Boom Logistics and to the extent it's required, I seek permission to appear.

PN3

THE DEPUTY PRESIDENT: Yes, okay, thank you.

PN4

Mr Quinn.

PN5

MR P QUINN: If it pleases the Commission, my name is Quinn, first name Paul. I'm from the CFMEU and with me I have Peter Harris, CFMEU organiser.

PN6

THE DEPUTY PRESIDENT: Thank you.

PN7

Mr Swain, I think you're not an employee of Boom if I recollect it.

PN8

MR SWAIN: No, at the time that this application was made- - -

PN9

THE DEPUTY PRESIDENT: Made, you were.

PN10

MR SWAIN: I was a consultant and contractor with Boom.

PN11

THE DEPUTY PRESIDENT: Contracted out, there you go.

PN12

MR SWAIN: Indeed, yes.

PN13

THE DEPUTY PRESIDENT: Do you object to permission being granted.

PN14

MR QUINN: No.

PN15

THE DEPUTY PRESIDENT: Permission is granted. I've just forgotten the logistics of this court room. It is a bit unusual this court room, but nevertheless, we've been here before. Can I just make a couple of opening remarks. This matter has been listed for two days for hearing. We did a conference on 13 August and as a result of that, certain directions were made and I note that there's been filing of material and a bit of a skirmish about notices to produce and so on, but there's a range of material that has been lodged and there are witness statements and witnesses all ready to go.

PN16

I know that negotiations have been on foot really for two years to see if the agreement could be replaced and they haven't been successful, hence the application that's been lodged. My initial question and I raised this at the conference and indeed the direction to pick this up is really whether there is any chance of any further discussions taking place in order to resolve the matter or whether it's a view of the parties that the matter has to be argued.

PN17

Do you want to comment on that, Mr Swain?

PN18

MR SWAIN: Deputy President, we're always keen to try and resolve these matters.

PN19

THE DEPUTY PRESIDENT: I know everybody says that, but it's a question really as to whether that's realistic.

PN20

MR SWAIN: I had a brief discussion with Mr Quinn this morning, largely about the skirmish regarding the production of documents issue and we were going to suggest to yourself that perhaps a conference on that point initially might be appropriate, but at least some other discussion it may be useful. It's not something we reject out of hand. We are all here, we're ready to go.

PN21

THE DEPUTY PRESIDENT: Yes, and I don't want to waste time. I don't want to waste hours on unproductive discussion. I mean the issue about the production of documents, I mean yes, there has been a skirmish, but there's a whole range of material that's been produced. What else is to be - I mean apart from the relevance, what else is to be updated about that?

PN22

MR SWAIN: Mr Quinn's made an objection about the adequacy of the production of documents. The company does have some additional materials. The concern is though with the questions of confidentiality and the strictness of that level of confidentiality that's required, bearing in mind that we're talking about detailed profit and loss accounts, discussions with - pre-contractual and contractual discussions with customers which is of considerable concern to the company that these matters not be disclosed, but they are matters which perhaps need to be discussed.

PN23

THE DEPUTY PRESIDENT: Would you prefer to do that off the record would you?

PN24

MR SWAIN: Yes.

PN25

THE DEPUTY PRESIDENT: All right. Mr Quinn, what do you say about that?

PN26

MR QUINN: I think in this situation a conference initially to deal with the issue of production which could then eventuate into addressing the issue of whether or not the matter can be resolved; I think that could be a productive way to start these proceedings. We do have grave concerns about the production, or should I say, lack of it which we believe essentially puts us in a prejudicial position. But perhaps if the Deputy President wants to go down that route, we can address the issue in conference in more detail.

PN27

THE DEPUTY PRESIDENT: All right. In terms of a conference, are you of the view that everybody stays for that or is it a private conference just of the advocates?

PN28

MR QUINN: I think in terms of, if we're addressing also the issue of ongoing discussions, then certainly it will be helpful for Mr Harris to be present. In terms of the issue of production, I understand my friend's got some concerns about the issue of confidentiality. Whilst I don't have those concerns myself in regards to Mr Harris, perhaps if we open up in respect of the production, let it be just the applicants and then perhaps bring in the other parties as required.

PN29

THE DEPUTY PRESIDENT: Okay, why don't we do that? We'll start with that and then we'll expand if necessary. We'll adjourn for that purpose and go off record.

OFF THE RECORD牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋 [10.34 AM]

ON THE RECORD牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋 [11.06 AM]

PN30

THE DEPUTY PRESIDENT: We're back on the record now. I might just say this before we start with the witnesses, that there's been discussion in conference about the possibility of any settlement which at least at this stage appears to be a remote possibility, so we're going to proceed with the argument.

PN31

The other matter that was discussed in conference was the question of the way in which certain evidence might be dealt with and I suppose, in summary, it will be correct to say that the respondent, the CFMEU has taken some issue with the extent to which the notices to produce have been complied with and that point I'm sure will be made by Mr Quinn in submissions, and my view is that that is a matter in respect of which the submissions can be made and I'll deal with them.

PN32

The other issue with respect to some of the evidence that's been raised by the company is the confidentiality of that, or the potential confidentiality of it. It was agreed that would be dealt with on a case by case basis, so it may be that when we get to certain of the evidence, that there may be requests for it to be treated on a confidential basis that might involve some exhibits perhaps being treated on a confidential basis. It might involve some DE identification of say a particular company, competitor in the transcript, but in any event we'll deal with that on a case by case basis and make it clear as to how these things are to be dealt with as they arise.

PN33

I think that's really where we got to. I think Mr Swain it's over to you now for you to start your case I think, unless you want to say anything about what I just said.

PN34

MR SWAIN: No, Deputy President, I think we're ready to proceed.

PN35

THE DEPUTY PRESIDENT: Okay, thank you.

PN36

MR SWAIN: We'll call our first witness, Anthony Raby.

<ANTHONY GERARD RABY, SWORN牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋 [11.08 AM]

EXAMINATION-IN-CHIEF BY MR SWAIN牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋� [11.08 AM]

PN37

THE DEPUTY PRESIDENT: Right Mr Swain.

PN38

MR SWAIN: Thank you. Your full name is Anthony Gerard Raby?‑‑‑Correct.

PN39

Your business address is care of Everett Street, Carrington in the state of New South Wales?‑‑‑Correct.

PN40

THE DEPUTY PRESIDENT: He's nominated as Southbank in the statement, actually?‑‑‑Yes, that's the national office of the company.

PN41

Appreciate that?‑‑‑In Victoria.

PN42

Yes?‑‑‑Yes, I understand, thank you, Deputy President.

***牋牋牋� ANTHONY GERARD RABY牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋牋 XN MR SWAIN

PN43

MR SWAIN: Mr Raby, you're employed by Boom Logistics as General Manager, New South Wales and Queensland?‑‑‑Correct.

PN44

You've made a statement in these proceedings?‑‑‑Correct.

PN45

You've got a copy of that statement there in front of you?‑‑‑I have.

PN46

That's a statement of some seven pages?‑‑‑That's right.

PN47

The actual statement?‑‑‑Yes.

PN48

It's signed by you and dated 28 August 2015?‑‑‑Correct.

PN49

It has attachments marked AR1 through to AR9?‑‑‑That is right.

PN50

I tender that statement.

PN51

THE DEPUTY PRESIDENT: Thank you, we'll mark it exhibit S1.

EXHIBIT #S1 CONFIDENTIAL: WITNESS STATEMENT OF ANTHONY GERARD RABY DATED 28/08/15

PN52

MR SWAIN: Mr Raby, I've just got a couple of questions to ask you in relation to your statement. In paragraph 11 of your statement on page 3, you refer to the single and business unit earnings before interest and tax in your statement?‑‑‑Yes, I do.

PN53

How they've fallen from a modest return in financial year 2013 to a substantial loss in financial year 2015?‑‑‑Yes.

PN54

You stated there "Subject to advice that the profit and loss reports can remain commercial-in-confidence, the company is comfortable for them to be available to the Commission and other parties to the proceedings during hearing days"?‑‑‑That's right.

PN55

You've arranged to be prepared some more detailed figures for these financial years, is that correct?‑‑‑That's right, I've set out the last three financial years. I understand that what was submitted to the Commission on the notice to produce was the summary profit and loss which was a smaller line document with the headline revenue, headline cost and headline profit. What I've prepared is what we call the detailed profit and loss, three financial years, matching the three years we submitted.

PN56

Yes?‑‑‑That allows you to go into much more detail in the event people are questioning particular categories of spend. So it might be easier to make the point, if you like, that the labour costs remain far and away the highest item. I'm happy to be examined, if you like, on different items.

PN57

Subject to those profit and loss reports being made confidential, Deputy President, and marked as such, I would like to hand those to both yourself and to the witness and to Mr Quinn.

PN58

THE DEPUTY PRESIDENT: Yes, thank you. I understand, just looking at them, they're four separate documents, are they?

PN59

MR SWAIN: There's four sets. There's one for yourself, one for - - -

PN60

THE DEPUTY PRESIDENT: I see, it's just one document.

PN61

MR SWAIN: Yes, there's three sheets for the financial year 2013, 2014 and 2015.

PN62

THE DEPUTY PRESIDENT: So we describe it as the Boom Logistics financial report for 2013 to 2015.

PN63

MR SWAIN: Financial year 2013 through to - for each financial year 2013, 2014, 2015, for the year ended 30 June each year.

PN64

THE DEPUTY PRESIDENT: We'll mark that exhibit S2 and it will be treated on a confidential basis.

EXHIBIT #S2 CONFIDENTIAL: BOOM LOGISTICS FINANCIAL REPORTS FOR YEARS ENDED 30 JUNE 2013, 2014 AND 2015

PN65

MR SWAIN: Mr Raby perhaps if we could turn to the financial year 2013?‑‑‑Yes.

PN66

You say in your statement that there was a modest return in the financial year 2013?‑‑‑Correct, by that I mean the bottom figure there, earnings before interest and tax of $2.159 million being 6.73 percent of revenue.

PN67

There was a statutory profit made that year?‑‑‑Only on the earnings before interest and tax line, there would be a further cost of head office and finance cost to come out of that, but we run them as profit and loss entities in their own right. There will be a further head office burden, if you like, that would nominally be attach to that. That's not the way we run the business entity by entity.

CONFIDENTIAL TRANSCRIPT FROM PARAGRAPH 68-100

PN101

MR SWAIN: Mr Raby, in paragraph 9 of your witness statement at the bottom of page 2, you refer to, in the second sentence there, "The viability of the industry and the need to cut costs to our clients in the Hunter Valley has been at the centre of several business and contract discussions I've had with major clients since 2012".

PN102

Now, without going into specific details without straying into areas of commercial-in-confidence, confidentiality, are you able to give some examples of these business discussions and the thrust of those discussions?‑‑‑Absolutely. In late 2012, our major client in the Hunter Valley, Rio Tinto, first contacted us about their issues with where their coal price and where their mines were going and invited us essentially to refreshen our prices. It's been a two and a bit year journey with Rio Tinto because on three occasions we've had to drop prices under threat of losing the contract. Our biggest single contract in the valley being HVO and MTW mines, the subject of very extensive discussions.

PN103

I made three separate trips to Brisbane, I spent untold hours on the telephone with the Chairman of Group Head Office in Brisbane and we did reach the point where they were going to actually toss us out of the contract and we got another hearing which I took Mr Brendan Mitchell, the CEO. We flew to Brisbane with one more opportunity to reprice to match what they believe were the new market prices, given the coal price. That resulted, if you like, in some of the rates that we've handed in to explain the quite huge drop in percentage rates.

PN104

While that was going on with BHP, we had the contract at the Mount Arthur mine and although BHP appeared to be about a year behind and we were giving reasonably cheap prices to BHP as a foundation contract in our business, BHP decided to test the market, coming to the end of our three year contract. They were extremely happy with the services, but they too were in a position where the coal price had forced them to force us to, being a subcontractor, look at cutting costs and we entered into a tender period with BHP and I think in part of my statement, Deputy President, I talk about wishing to walk away from the largest contract with the largest mine and that was Mount Arthur at BHP.

PN105

We reached the point in those discussions that the price had become farcical because we had already set them as a foundation, low cost supplier and then the crisis of coal prices hit and I chose, after discussions with my senior guys in Melbourne that we couldn't go any lower and had to walk away that BHP contract.

PN106

Those two clients I've just talked about, represent I would suggest, 66 percent of our business at that time. The other major miner is Glencore now in the Hunter Valley and exactly the same discussions have taken place. In fact we won a tender at one of the Glencore mines and they put another tender out for another mine which I talk about in my statement. It became pretty apparent that market prices were collapsing and the original contract that we won, we had to meet and ever lower that, even though we had signed off on prices.

PN107

I have had extensive discussions with those three major mining companies since late 2012 and its nearly been a continuation, would you please drop your prices not withstanding that we had written in agreed contracts and if we didn't chose to do it, it was made quite clear to us that they would go to other users. Sadly on one occasion we had to walk away from a relationship.

PN108

MR SWAIN: You've attached to your statement at AR5 and AR6, the price lists of clients?‑‑‑Correct.

PN109

Where you've redacted the details of the client's name?‑‑‑Correct. Can I add that they are substantial customers, they are not small parts of our business. In fact, they are our two major contractor customers at the moment.

PN110

That's the reason why you specifically refer to those prices as examples?‑‑‑Correct.

PN111

The significance of those attachments is to demonstrate what?‑‑‑If you go to AR5, for example, the summary is out on the right column. So I'm talking about the fall in the rates compared to the rates we were getting in 2012, line item by line item. The first one for example is the 16 to 18 tonne franna on AR5, item 2. If you move across to the right, second last column 2012 rates, they were $151 an hour and summarised current rate as a drop of 24 percent. If you like, you'd have to come back to column 1234, where it says $113.97. That's the current rate today we've been forced down to. Whereas over on the right, $151 is what we were getting in 2012. Sorry, Deputy President, this is the type of information that to the extent that it's possible we'd like to keep confidential.

PN112

THE DEPUTY PRESIDENT: Yes, but the names have been redacted as I understand.

PN113

MR SWAIN: Bear in mind the earlier evidence, the names of companies that we would - it is the submission of Boom Logistics that we would prefer that that attachment is marked as confidential in the Commission file.

PN114

THE DEPUTY PRESIDENT: Right, that's - there's two are there? That's AR5 and AR6 was it.

PN115

MR SWAIN: Yes.

PN116

THE DEPUTY PRESIDENT: Okay, so attachment AR5 which is a copy of client rates we mark confidential and AR6 which is a further schedule of rates will be marked confidential as well.

PN117

MR SWAIN: Thank you, Deputy President. Mr Raby, AR6, paragraph 14 of your statement you say "Similarly I have calculated a percentage fall in rates on the right hand side of the price sheet headed copy of client B rates August 2015"?‑‑‑Correct.

PN118

Can you just explain to the Commission what the percentage fall in rates in that is?‑‑‑Yes, if we're looking at AR6, the first item, if I can line it up as a 16 tonne franna. We're currently getting that rate of $136 per hour. If we go out to the second last column on the right headed 2012 rates, that used to be $160 per hour, so we've had a 15 percent fall, if you like, in that rate since 2012. Each of those items is explained in the same fashion. So some items don't drop as much and some drop as more. If you like, all of the drop, Deputy President, in the rates from these clients is what's absolutely essentially behind our collapse in revenue, that and the lesser activity happening as the coal miners themselves started to cut costs and spend less money.

PN119

Just before we move on, some documents have been produced and the Profit and Loss figures for the business. In answer to the notice to produce, there was a summary for the year 2015 produced. Do you have a copy of that?

PN120

THE DEPUTY PRESIDENT: This is exhibit S2?

PN121

MR SWAIN: No, this is a document that's actually been handed to the - - -

PN122

THE DEPUTY PRESIDENT: I don't think it's an AR.

PN123

MR SWAIN: It's not an AR, it was produced in response to - - -

PN124

THE DEPUTY PRESIDENT: Can you just clarify where this document is, if it's anywhere at the moment - other than in your hand?

PN125

MR SWAIN: I've got a copy here and Mr Mitchell is just getting me some more copies. It has actually been produced to the Fair Work Commission in answer to the order for production.

PN126

THE DEPUTY PRESIDENT: Notice to produce? Right. But really, I mean, the notice to produce in one sense is this great pile of stuff here at the moment. It needs, if it's going to be admitted into evidence in some form, either of you needs to, whoever wants to do it, needs to formally tender it, or parts of it preferably.

PN127

MR SWAIN: It just needs to be - the document that has been produced actually needs to be clarified. It's got a different number to what's been exhibited in S2, so we're seeking to clarify that at that point.

PN128

THE DEPUTY PRESIDENT: I see, but it needs to be marked as an exhibit now, doesn't it, from that point of view?

PN129

MR SWAIN: Yes, it does. I'm about to show it to Mr Raby.

PN130

THE DEPUTY PRESIDENT: This is exhibit S3, do you want this marked confidential?

PN131

MR SWAIN: Yes, if we could.

PN132

THE DEPUTY PRESIDENT: Yes, okay.

PN133

MR SWAIN: Probably sorry, while we're at it - - -

PN134

THE DEPUTY PRESIDENT: Could I just say also, Mr Quinn, as we deal with this, to make it sort of more efficient, if you've got any objection to these things being marked confidential or whatever, speak up, otherwise we'll just do it, all right?

PN135

MR SWAIN: Deputy President we have two documents which are essentially headed up Total revenue statutory for 2015. The exhibit S3 has actually been produced to the Commission in answer to the order for production.

PN136

THE DEPUTY PRESIDENT: It doesn't have a heading on it, so can we describe it as it's a summary produced by the company of overall financial performance, is that right, for the year to date.

PN137

MR SWAIN: Perhaps if Mr Raby could best answer that?‑‑‑It's the summary and Profit and Loss as opposed to the detailed one before.

PN138

THE DEPUTY PRESIDENT: No, I understand. Let's just keep it, it's a summary of the financial performance for 2015, so that's exhibit S3 and it's to be marked confidential.

EXHIBIT #S3 CONFIDENTIAL: SUMMARY OF THE FINANCIAL PERFORMANCE FOR 2015

PN139

THE DEPUTY PRESIDENT: Exhibit S4 is - looks to me like the same thing?

PN140

MR SWAIN: It is essentially the same format, but there are differences in there which Mr Raby is now going to - - -

PN141

THE DEPUTY PRESIDENT: Again, it's another summary of financial indicators for 2015, it's another version of it essentially. We'll mark that exhibit S4 and it's confidential.

EXHIBIT #S4 CONFIDENTIAL: FURTHER SUMMARY OF THE FINANCIAL PERFORMANCE FOR 2015

PN142

MR SWAIN: Thank you, Deputy President.

PN143

THE DEPUTY PRESIDENT: Now Mr Raby is going to explain to us.

PN144

MR SWAIN: Mr Raby, can you explain why there is different numbers?‑‑‑Yes, I can. Perhaps I start by referring to the detailed P&Ls we were looking at a few moments ago.

PN145

This is exhibit S2?‑‑‑Which is S2 and on FY15s - the detailed Profit and Loss for FY15 has a statutory revenue number of $20.722 million and we handed into the Commission S3, which you will note has a statutory revenue of $24.277 million, so some four million dollars difference. The detailed P&L which is what I've printed out in the hope to explain to people if they wanted to know some of the detailed cost brackets, I picked up, Deputy President, that the figures were different. I made an enquiry yesterday of our head office and the financial team. Late last year we closed the Sherrin business in Newcastle and we combined it into the Hunter Valley business. The last eight weeks of our detailed Profit and Loss actually has the Sherrin revenue and Sherrin cost it in, as they combined into that Hunter Valley business. Unfortunately when head office procured S3 to go into the Commission, the accountant had gone back and he had populated the entire financial year with the Sherrin result. So perhaps put another way, I'm extremely confident that the FY15 detailed Profit and Loss is the correct figure and does not include the first ten months of the financial year of Sherrin data, it's been taken back out.

PN146

THE DEPUTY PRESIDENT: So you haven't lost $3.5 million somewhere else?‑‑‑No, my figure, if you like, is less than that. And sorry, to that point, Deputy President, I have got the financial team to print out what I'm calling the Sherrin Newcastle Profit and Loss and separate to that I've also got the original Profit and Loss for Singleton so that you could actually add those two numbers together and you can reconcile it back to a correct figure.

PN147

MR SWAIN: Perhaps we'll hand those up?‑‑‑I might add one difference it would have made, and that's how I picked it up, Deputy President, was when if you divide the costs as I have for the percentages of labour and other items - - -

PN148

THE DEPUTY PRESIDENT: The components, yes?‑‑‑Yes, I'd be dividing them into $24 million as opposed to $20.7 million. So in that sense it wouldn't change - the ratios themselves might - - -

PN149

No, but the numbers have changed clearly?‑‑‑Correct, yes.

PN150

MR SWAIN: The witness doesn't need one I don't think.

PN151

THE DEPUTY PRESIDENT: No.

PN152

MR SWAIN: There's one each.

PN153

THE DEPUTY PRESIDENT: Don't give us any more than we need.

PN154

MR SWAIN: Yes.

PN155

THE DEPUTY PRESIDENT: So just tell us what these are, Mr Swain.

PN156

MR SWAIN: Perhaps Mr Raby can explain what these - well - - -

PN157

THE DEPUTY PRESIDENT: Let's take it one by one.

PN158

MR SWAIN: Yes?‑‑‑I'm happy to do that. The one marked with green columns.

PN159

THE DEPUTY PRESIDENT: So that's just - this is a detailed income and expenditure statement for the Singleton depot, is that right?‑‑‑Correct.

PN160

So we'll mark that - if we don't do this we'll get very confused or at least I will. We'll mark that exhibit 5 and it's confidential as well. The next one, which is the Newcastle figure we'll mark that at exhibit 6 and it's confidential as well.

EXHIBIT #5 CONFIDENTIAL: INCOME AND EXPENDITURE STATEMENT FOR THE SINGLETON DEPOT

EXHIBIT #6 CONFIDENTIAL: INCOME AND EXPENDITURE STATEMENT FOR NEWCASTLE

PN161

MR SWAIN: You'll see, Deputy President, the Newcastle figure it actually has in brackets after it is (EWP), which represents elevating work platform. Just for clarification?‑‑‑What I refer to as the share and business of Newcastle that we've closed and combined so - - -

PN162

THE DEPUTY PRESIDENT: It's not a mobile crane business, it's a towers business. Is that right?‑‑‑It's a tower and access equipment business, yes.

PN163

Because I'm dealing with another towers matter.

PN164

MR SWAIN: Yes.

PN165

THE DEPUTY PRESIDENT: Yes, or have been very unproductively but anyway.

PN166

MR SWAIN: It's actually part - that's part of that other matter.

PN167

THE DEPUTY PRESIDENT: Right.

PN168

MR SWAIN: Mr Raby, just to clarify, so for the purposes of a summary document S4, which has a total revenue, statutory revenue for 2015 of $20.722 million, that's the accurate summary for the Hunter Valley business unit for 2015?‑‑‑Absolutely correct and is the one that should have been handed in on the notice to produce.

PN169

It's reflected in exhibit S2, which is the detail?‑‑‑Correct.

PN170

Now if I can refer you to paragraph 18 of your statement?‑‑‑Yes.

PN171

Deputy President, I think we're straying into another area of confidential transcript here. I'm about to hand up another set of documents.

PN172

THE DEPUTY PRESIDENT: We'll go into a confidential transcript now.

CONFIDENTIAL TRANSCRIPT FROM PARAGRAPH 173-884

LIST OF WITNESSES, EXHIBITS AND MFIs

ANTHONY GERARD RABY, SWORN.............................................................. PN36

EXAMINATION-IN-CHIEF BY MR SWAIN.................................................... PN36

EXHIBIT #S1 CONFIDENTIAL: WITNESS STATEMENT OF ANTHONY GERARD RABY DATED 28/08/15...................................................................................................... PN51

EXHIBIT #S2 CONFIDENTIAL: BOOM LOGISTICS FINANCIAL REPORTS FOR YEARS ENDED 30 JUNE 2013, 2014 AND 2015.............................................................. PN64

EXHIBIT #S3 CONFIDENTIAL: SUMMARY OF THE FINANCIAL PERFORMANCE FOR 2015......................................................................................................................... PN138

EXHIBIT #S4 CONFIDENTIAL: FURTHER SUMMARY OF THE FINANCIAL PERFORMANCE FOR 2015............................................................................... PN141

EXHIBIT #5 CONFIDENTIAL: INCOME AND EXPENDITURE STATEMENT FOR THE SINGLETON DEPOT.......................................................................................... PN160

EXHIBIT #6 CONFIDENTIAL: INCOME AND EXPENDITURE STATEMENT FOR NEWCASTLE....................................................................................................... PN160

Fair Work Commission Transcripts

AG2015/3386, Transcript of Proceedings [2015] FWCTrans 616 (5 November 2015)