Fair Work Commission Transcripts

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009                                                    

COMMISSIONER MCKENNA

s.236 RO Act - Reg. of Members - request by member to inspect

The Australian Manufacturing Workers' Union (AMWU)

v

Veolia Water Operations Pty Ltd

Sydney

12.00 PM, FRIDAY, 23 SEPTEMBER 2016

Continued from 12/09/2016

PN142

THE COMMISSIONER: Good afternoon, this is Commissioner McKenna speaking, would you call the matter please?

PN143

Thank you. I understand Mr Blundell-Thornton you continue your appearance for the AMWU and similarly Mr McCrae, you continue your appearance for the respondent and that you have with you, or also on the line, Ms Harrison.

PN144

Now I can confirm that video conferencing arrangements have now been put in place for the date listed in the notice of listing, but I'd flagged some matters with the parties on the last occasion and as you will recall, the matter was listed today, just to see if there might be any prospect for a resolution of the matter prior to the commencement of the directions as to the filing and service of materials.

PN145

Mr Blundell-Thornton, is there anything to report in that regard? Have there been any further discussions as between the parties?

PN146

MR BLUNDELL-THORNTON: There was Commissioner. I did receive a phone call from Emma Harrison yesterday discussing - we had a brief discussion where I just reiterated after further discussions with my State Secretary and the relevant organiser, is still of the opinion that we won't accept - we're not in favour of a postal ballot, it would compromise - - -

PN147

THE COMMISSIONER: Just one moment. I don't want to know what's been discussed by way of compromise between the parties, it's probably inappropriate. But would you like some - if you held some discussions yesterday, and bearing in mind - I'm conscious of the time lag that's going to be involved now with the matter not proceeding to a hearing until 25 October, whether there might be some way through this between the parties.

PN148

Would you like some time to hold some further discussions as between yourselves if I go off the Bench? Mr Blundell-Thornton?

PN149

MR BLUNDELL-THORNTON: Yes Commissioner, I believe Ms Harrison - yes that will be fine thank you, Commissioner. We can do that.

PN150

THE COMMISSIONER: Thank you. Before I take that adjournment, Mr McCrae, is there anything that you wish to note?

PN151

MR McCRAE: No, Commissioner, other than that I confirm that we or Veolia and Ms Harrison on behalf of Veolia haven't been contacted since our last conference, so we rang the AMWU, Mr Blundell-Thornton yesterday, but were unable to reach agreement on the phone. We're happy to proceed.

PN152

THE COMMISSIONER: You're happy to hold some discussions?

PN153

MR McCRAE: Yes. If Mr Blundell-Thornton has indicated he is happy to hold some discussions, we are as well.

PN154

THE COMMISSIONER: All right. Well, it's just here we are in September in relation to an application which was lodged in August and as I say, materials will need to be filed and served commencing on 28 September. So I give the parties every encouragement to see if there might not be some way through this.

PN155

All right, I'll shortly ask that the recording equipment be turned off. Would someone kindly telephone my associate Ben Gottlieb when you're ready for me to return? His telephone number is on the notice of listing, namely (number supplied).

PN156

MS HARRISON: I can do that, Commissioner.

PN157

THE COMMISSIONER: Thank you Ms Harrison.

PN158

MS HARRISON: Not a problem.

PN159

THE COMMISSIONER: Thank you. I'll ask that the recording equipment be turned off.

OFF THE RECORD                                                                             [12.04 PM]

ON THE RECORD                                                                               [12.14 PM]

PN160

THE COMMISSIONER: Yes, is there anything you'd like to report as a result of your discussions? Mr Blundell-Thornton?

PN161

MR BLUNDELL-THORNTON: No, Commissioner.

PN162

THE COMMISSIONER: I see. Is there anything that you wish to add Mr McCrae?

PN163

MR McCRAE: No Commissioner, we didn't reach agreement on the matter.

PN164

THE COMMISSIONER: I see. Well in those circumstances, the directions have already been issued which require filing and service of the applicant's materials by 4pm on 28 September. The respondent's materials by 4pm on 14 October.

PN165

I confirm that the matter will be listed by video link between Sydney and Brisbane Fair Work Commission offices at 10am New South Wales time on 25 October 2016.

PN166

Is there anything else that needs to be attended to? If not - - -

PN167

MR BLUNDELL-THORNTON: No Commissioner.

PN168

MR McCRAE: I just confirm that you said New South Wales time and I take it by that it will be 9am Queensland time.

PN169

THE COMMISSIONER: I'll be guided by you in that regard. I'm not sure what time the clocks change.

PN170

MR McCRAE: Okay.

PN171

THE COMMISSIONER: If the notice of listing needs any correction, it will be issued.

PN172

MR McCRAE: Currently it says 10am at Eagle Street Brisbane.

PN173

THE COMMISSIONER: It does indeed. But you think that the clocks will have changed by then, do you?

PN174

MR McCRAE: I'm thinking it's on the last weekend of September; first weekend in October.

PN175

THE COMMISSIONER: Right, we'll have a look at that.

PN176

MR McCRAE: Don't take my word for that.

PN177

THE COMMISSIONER: I'll have some enquiry to be made. If it needs to be - I'm certain it will 10 o'clock New South Wales time. I just presently don't know what time that is on the day in question in Queensland.

PN178

MR BLUNDELL-THORNTON: Sorry, Commissioner, I just looked it up then according to the New South Wales government website. It will kick in on the first Sunday in October being daylight savings, so I think it will affect those times.

PN179

THE COMMISSIONER: As I say, I'll have some further enquiries made, but if you say that would make it 9 o'clock or something in Queensland, then that will be the case. All right, thank you very much. I'd still encourage you to keep your lines of communication open. That's a matter for the parties.

PN180

Thank you. Off record.

ADJOURNED INDEFINITELY                                                         [12.17 PM]