PR957783 PR957783 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.127 (2) application to stop or prevent industrial action Leigh-Mardon Australasia Pty Ltd and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (C2005/2935) Graphic Arts COMMISSIONER EAMES MELBOURNE, 4 MAY 2005 Alleged industrial action at the Leigh-Mardon Australasia Pty Ltd - Highett site. STATEMENT [1] The Commission had before it this morning an application from Leigh-Mardon Australasia Pty Ltd (the Company) seeking orders from the Commission preventing the proposed industrial action taking place at both the Highett and Dry Creek sites. [2] During the conference convened by the Commission as part of those proceedings it was agreed that Mr Reid on behalf of the Automotive, Food, Metals, Engineering and Printing Kindred Industries Union (the Union) would recommend to a change of shift meeting to be held later today that the industrial action proposed in the Union's section 170MO notice not proceed on the following basis: 2.1 The investigation of the alleged picketing action involving some 12 employees would be investigated with the involvement of the Union as soon as practicable this afternoon. If any action against the alleged persons is contemplated by the Company no action will be taken before a further hearing in the Commission to be set down in due course. 2.2 If the investigation is incomplete further discussions will continue on Friday 6 May 2005. 2.3 Proposed talks associated with the core Enterprise Bargaining Agreement (EBA) issues and site specific issues will recommence at the Highett site next Monday 9 May 2005 and at a time and date to be agreed between the parties at Dry Creek. 2.4 In the event that any of the proposed talks break down it has been agreed by the parties the Commission will be notified and the dispute will be relisted at short notice for hearing. [3] With regard to the proposed industrial action set down for Friday 6 May 2005 Mr Reid has undertaken to contact the appropriate South Australian AMWU representative who will also recommend to his members that the proposed industrial action not take place as indicated earlier EBA negotiations will recommence at Dry Creek at an agreed time in due course. [4] The Commission is satisfied that this agreement between the parties presents an acceptable way forward and trusts there will be no further industrial action and that the EBA negotiations will be fruitful. BY THE COMMISSION: COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code A>