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C2006/ 2833 , Transcript of Proceedings [2006] AIRCTrans 956 (10 August 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 15470-1

COMMISSIONER BLAIR

C2006/ 2833 

ZF LEMFORDER AUSTRALIA PTY LTD
AND
NATIONAL UNION OF WORKERS AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
s.496(1) - Appl’n for order against industrial action (federal system).
(C2006/ 2833 )

MELBOURNE

8.41AM, THURSDAY, 27 JULY 2006

Continued from 24/7/2006

PN1

MR T LYONS: I appear for NUW.

PN2

MR J DORE: I appear on behalf of GM Holden Ltd.

PN3

THE COMMISSIONER: Thank you, Mr Dore. This matter has been brought on at the instigation of the Commission in order to get an understanding of where the current state of play is. The Commission hasn't been kept abreast of what's been happening at Frankston other than by the administrator but it does understand by media that there appears to, well there was intending to be a meeting this morning in Frankston to deal with, as I understand it, discussions that had occurred between General Motors and the union regarding a heads of agreement.

PN4

I subsequently had a call, I placed three calls yesterday to Mr Anthony Thow, the State Secretary. Two of those calls I left messages which, up until about 25 past eight this morning had not been returned. I now have spoken to Mr Thow and I understand that there is a full return to work at Bendigo and that component supplies for all companies are now being released, that there was a meeting this morning at Frankston where I understand that there has been a vote to return to work and it's my understanding that that is occurring now, if it hasn't already occurred and from that some supply will start to flow to General Motors. Mr Lyons, is that your understanding?

PN5

MR LYONS: That is an entirely accurate summary, Commissioner. The plant is working now is my understanding.

PN6

THE COMMISSIONER: Right. Okay.

PN7

MR LYONS: And that was from a couple of minutes ago that the place is actually up and running.

PN8

THE COMMISSIONER: Right. All right thank you.

PN9

MR LYONS: If the Commission pleases.

PN10

THE COMMISSIONER: And we see no more, well hopefully there will be no more impediments to the production process of whoever is involved in receiving supply from Huon Corporation. Mr Dore, can you confirm that the Commission's understanding has been correct?

PN11

MR DORE: Yes Commissioner, I spoke to a Holden representative who's at the plant and he confirms they returned to work and the initial action will be to count the stock and then he's confident materials will flow out of the plant this morning.

PN12

THE COMMISSIONER: Right. Okay. All right, other than that it was simply mainly to get on transcript exactly the chain of events that was occurring because to some degree the Commission was kept in the dark. So it's not the union's application in this matter and it's not the Holden's application, it's the application of course ZF Lemforder. So at some point I would expect that that application under section 496 will be withdrawn arguing that now the matter has been settled. I assume it's settled. Hopefully it has. All right. Good. Thanks for that. The Commission will stand adjourned.

<ADJOURNED INDEFINITELY [8.45AM]