AG2015/4757, Transcript of Proceedings [2015] FWCTrans 632 (10 November 2015)

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009 1052666

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COMMISSIONER SIMPSON

AG2015/4757

s.185 - Application for approval of a single-enterprise agreement

Application by Pacific Tug (Aust) Pty Ltd
(AG2015/4757)

Brisbane

2.09 PM, THURSDAY, 22 OCTOBER 2015

PN1

THE COMMISSIONER: Good afternoon.

PN2

MS GRIFFITHS: Good afternoon Commissioner.

PN3

THE COMMISSIONER: All right, I'll just start with appearances. For the applicant, who do we have on phone today?

PN4

MS J GRIFFITHS: J Griffiths.

PN5

THE COMMISSIONER: Yes, Ms Griffiths, thank you.

PN6

MR S PETERS: S Peters as well, Commissioner.

PN7

THE COMMISSIONER: All right, thanks for that. For AIMPE today?

PN8

MR G YATES: Yates, initial G, for the Australian Institute of Marine and Power Engineers. Thank you Commissioner.

PN9

THE COMMISSIONER: Thank you Mr Yates. Now I had a folder with some material in it which are the submissions that you filed.

PN10

MR YATES: Commissioner, I'm not trying to short-circuit proceedings or anything like that, or any intended process that you might have thought of dealing with this. It's probably fair to - well, more than appropriate to inform the Commission that the applicant and the Institute have had some discussions this morning about how to progress the application or applications, depending on what view.

PN11

THE COMMISSIONER: Did you want to talk about that in conference?

PN12

MR YATES: Yes, off the record and in conference and seek to go off the record because it also involved the Institute's Federal Secretary Mr Byrne as well and we may have reached a landing on how to approach this.

PN13

THE COMMISSIONER: Ms Griffiths and Mr Peters are you agreeable just to going into conference for a time?

PN14

MR PETERS: Sorry, are you going separately?

PN15

THE COMMISSIONER: No, I'm talking to everyone. We're currently in a hearing on the record and it's been suggested by Mr Yates that there's been some discussions between the parties and we might be able to resolve this, so we could do it in conference. I'm happy to go into conference if you want to talk about that before I go ahead and formally hear arguments about this.

PN16

MR PETERS: Sure, yes that's fine. The only thing Commissioner, I can hear you loud and clear. I can't hear Greg too well.

PN17

THE COMMISSIONER: All right.

PN18

MR YATES: Okay, well I said there might be difficulties, I always have difficulties with these microphones.

PN19

THE COMMISSIONER: Is that turned on, that microphone?

PN20

MR YATES: Hang on, I'm going to tap the microphone.

PN21

MR PETERS: That's better now, that you're talking.

PN22

THE COMMISSIONER: All right, well look we might just go off the record and into conference.

OFF THE RECORD [2.12 PM]

ON THE RECORD [2.35 PM]

PN23

THE COMMISSIONER: All right, we're back on the record. There's been discussions in conference to see whether or not there was a basis on which this matter could be resolved. It doesn't appear clear to me that there's a basis on which there's some agreement that can be reached - that the parties are going to agree about a way that is, in my view, permissible under the Act for the application to proceed on a consent basis.

PN24

In conference, the position is this. As I understand it, the applicant is going to consider its position in relation to whether it presses the application or it intends to withdraw. I've asked the applicant to advise my chambers by close of business tomorrow, which course they prefer.

PN25

In the event that the response comes back that the applicant wishes to press the matter, then I think there is a contest from the AIMPE as a bargaining representative that this application couldn't be approved on the basis that it's not genuinely agreed. I don't want to confine whatever arguments AIMPE might want to put, but that's my understanding.

PN26

It would be my intention if the response comes back that the applicant wishes to proceed, to list for short directions and for the hearing of the matter in the next couple of weeks. This matter's been on foot for a couple of months. There's been issues raised, periods of delay for the submission to be filed and I don't criticise anyone for that, but if there is to be an arbitration about the agreement, I'm advising parties - I'm not going to set the dates this afternoon, but I would set dates early next week, pending the response from the applicant and I would be foreshadowing to the parties that the directions are going to be tight, subject to any arguments the parties might want to put about that.

PN27

Is there anything anyone wants to say? Mr Yates?

PN28

MR YATES: We await the company's advice and hope that they do what they said they were going to do.

PN29

THE COMMISSIONER: All right. I adjourn on that basis. Good afternoon.

PN30

MS GRIFFITHS: Thank you for your time, Commissioner.

PN31

MR PETERS: Thank you, Commissioner.

ADJOURNED INDEFINITELY [2.37 PM]