RE2016/1324, Transcript of Proceedings [2016] FWCTrans 490 (4 November 2016)

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009

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DEPUTY PRESIDENT LAWRENCE

s.505 - Application to deal with a right of entry dispute

Construction, Forestry, Mining and Energy Union

and

Hanson Construction Materials Pty Ltd

(RE2016/1324)

Sydney

2.05 PM, THURSDAY, 6 OCTOBER 2016

PN1

THE DEPUTY PRESIDENT: So we've got two competing applications here, so we'll have appearances in both of them. I think I don't care who goes first.

PN2

MR P BONCARDO: I'll go first on this side of the Bar table. I'm Boncardo, initial P for the CFMEU. Seated with me at the Bar table is Mr Jason O'Mara who is the assistant secretary of the ACT branch of the union.

PN3

THE DEPUTY PRESIDENT: Thank you.

PN4

MR N NAPPER: If it please the Commission, Napper, initial N, solicitor. I seek permission to appear in both matters. I have with me today Ms Leanne Parker, the Manager, Employee Relations from Hanson and behind me in the room Mr Brad Allman, Hanson's National Aggregates Manager and Mr John Patterson, Quarry Manager from Williamsdale.

PN5

THE DEPUTY PRESIDENT: Thank you. Mr Boncardo, do you object to Mr Napper having permission to appear.

PN6

MR BONCARDO: I have nothing to say about section 596 your Honour.

PN7

THE DEPUTY PRESIDENT: Okay, thank you. Permission is granted then under section 596 for you to appear Mr Napper. Now, we've listed both of these matters for hearing. I think we did advise the parties that we proposed to go into conference initially to see if there could be a measure of agreement and/or how then we deal with the matters in terms of programming and so on. I just wonder whether either side wants to put something on the record at this stage, without going into chapter and verse of all the applications, or whether it's appropriate to go into conference. So Mr Boncardo?

PN8

MR BONCARDO: My view is it's probably more appropriate for the matters to proceed to conference. A proposal has been put but I don't want to say anything about that. It's something that has passed between the parties. I am in my friend's hands as to whether he wishes to put anything on the record in that sense.

PN9

MR NAPPER: Your Honour, from the company's point of view, we're happy for the matter to go to conference. As my friend has said, there has been a proposal put forward on behalf of the company to resolve the matters. That is, as I understand it, been rejected, but we're happy to see what progress, if anything can be made, and we'd appreciate the Commission's assistance in that regard.

PN10

THE DEPUTY PRESIDENT: All right, well if we do need to, or there's some use in going back on the record after the conference, either to report on discussions or to deal with future programming, we can do that, all right, okay. So we'll go off the record.

OFF THE RECORD [2.08 PM]

ON THE RECORD [3.44 PM]

PN11

THE DEPUTY PRESIDENT: Okay, so we're back on transcript and I've had the benefit of a conference with the parties to consider the issues that are raised by both applications. That's led to an agreement as to a future process to see if some productive relationships can be established between Hansons and the CFMEU with respect to the Williamsdale Quarry.

PN12

Obviously the two applications to deal with the right of entry dispute that have been lodged, one by the company and one by the union are still before the Commission and so those files will be kept and dealt with in the future if the parties wish to, consistent with this agreement. So I'll just read the agreement into the transcript. There's some seven points that as I understand it have been agreed.

PN13

(1) Each of the applications that I've just referred to will be put on hold for a period of three months from today's date with liberty to apply to each of the parties. So in other words if there's some difficulty with the implementation of this agreement, or any other issue that arises with respect to this matter, then one of the parties can ask for the matters to be relisted at short notice.

PN14

(2) Secondly, during this period the CFMEU will be able to enter Hanson's Williamsdale Quarry premises for the purposes of discussions with employees without objection by Hanson.

PN15

(3) Thirdly, discussions will take place in the meal room or the training room or such other place as meals and/or breaks are ordinarily taken by employees.

PN16

(4) CFMEU will not seek discussions with employees who clearly state they do not want to be involved in such discussions.

PN17

(5) The CFMEU will only seek to hold discussions during meal or other breaks.

PN18

(6) The CFMEU requests for privacy in the meal room will be favourably considered by Hanson.

PN19

(7) Hanson will offer a paid half hour meeting of employees for the CFMEU to address at 5.30 am on a day to be agreed and that day is to be agreed in discussions between Mr O'Mara and Mr Patterson.

PN20

So, as I understand it, that's the basis of the agreement and hopefully that agreement works so that the matter can be resolved. So I'll just ask each of the advocates to indicate whether they're in agreement with that summary?

PN21

MR BONCARDO: The CFMEU is in agreement with that as outlined.

PN22

THE DEPUTY PRESIDENT: Thank you. Mr Napper.

PN23

MR NAPPER: Yes, your Honour, I have consent to that arrangement.

PN24

THE DEPUTY PRESIDENT: Thank you. So on that basis, we're adjourned.

ADJOURNED INDEFINITELY [3.48 PM]