AUSCRIPT PTY LTD
ABN 76 082 664 220
Suite 25, Trafalgar Centre 108 Collins St HOBART Tas 7000
Tel:(03) 6224-8284 Fax:(03) 6224-8293
TRANSCRIPT OF PROCEEDINGS
O/N 9322
AUSTRALIAN INDUSTRIAL
RELATIONS COMMISSION
DEPUTY PRESIDENT LEARY
C2003/1685
C2003/1686
C2003/1743
TRANSPORT WORKERS UNION OF AUSTRALIA
and
QANTAS AIRWAYS LIMITED
Application under section 127(2)of the Act
by Transport Workers' Union of Australia
to stop or prevent industrial action
Notification pursuant to section 99 of the Act
of a dispute re attempt by Qantas at Hobart
Airport to rescind industrial agreement
Application under section 170LW of the Act
by Transport Workers' Union of Australia for
settlement of a dispute (certification of
agreement)
HOBART
10.20 AM, THURSDAY, 3 APRIL 2003
PN1
THE DEPUTY PRESIDENT: There are three applications. We have listed them together. Is there any objection to them being joined or dealt with concurrently?
PN2
MR M. COOK: No, no objection.
PN3
THE DEPUTY PRESIDENT: What is the company's position?
PN4
MR R. DALTON: No objection, your Honour.
PN5
THE DEPUTY PRESIDENT: All right. We will formally join the three matters and hear them together. Could I take appearances, please?
PN6
MR COOK: I appear on behalf of the Transport Workers' Union of Australia and with me I have MR S. HARRIS, Senior Delegate, Qantas, Hobart Port, MR W. GREGORY, Delegate, Hobart Port, and MR S. MEREDITH, Co-Delegate, Hobart Port.
PN7
MR DALTON: I seek leave to appear for the company. With me are MR A. JEFFERIS, Airport Manager, Hobart, and MR M. EIZENBERG, Industrial Relations Manager.
PN8
THE DEPUTY PRESIDENT: Any objection to leave being granted?
PN9
MR COOK: Your Honour, at this stage, the reason why we are here, and I think you know me better than most, I don't object to the seeking of leave as long as it expedites the matter. We are at the stage where any assistance that is forthcoming will be helpful for us.
PN10
THE DEPUTY PRESIDENT: All right. We grant leave for the purposes of today. Depending where this all ends up you may want to renew an opposition if that is your position.
PN11
MR COOK: Okay.
PN12
THE DEPUTY PRESIDENT: All right. So leave is granted for today's purposes, whatever they may be. They are your applications, perhaps you can tell me what it is all about.
PN13
MR COOK: If I can, your Honour. As is said there, they are co-joined, so what we would prefer to do is just seek the assistance of the Commission in having this matter conciliated so that we can all get on with work out at the port rather than have it escalate into anything else.
PN14
THE DEPUTY PRESIDENT: All right. Well, one of them is a section 127.
PN15
MR COOK: That is correct.
PN16
THE DEPUTY PRESIDENT: So that is joined with the two. One is a section 170LW, which is a dispute arising out of an agreement and the other is a section 99, but they are all related, I take it?
PN17
MR COOK: That is correct. Do we need to adjourn the 127 and the 170 and just deal with - - -
PN18
THE DEPUTY PRESIDENT: Look, I think perhaps subject to what the company says, the best approach is to perhaps adjourn into conference and deal with the three, they are joined, and then whatever happens in conference you can decide what you want to do with the three applications, whether they all continue or whether one gets set aside or whatever.
PN19
MR COOK: Yes. Certainly, that is what we would be seeking, your Honour.
PN20
THE DEPUTY PRESIDENT: Okay. All right. Are you happy with that approach, Mr Dalton?
PN21
MR DALTON: Your Honour, we have a number of concerns about the applications that are brought to you but we don't object to the matter being dealt with in the informal manner proposed.
PN22
THE DEPUTY PRESIDENT: Okay. All right. We will go off the record into conference and see where we go.
NO FURTHER PROCEEDINGS RECORDED [12.03pm]