WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES SANDVIK MATERIALS HANDLING PTY LTD, APPLICANT v. THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION OF WORKERS - WESTERN AUSTRALIAN BRANCH, RESPONDENT PETER LUCAS, HENDRY MICHAEL JOHN AND GREGORY BRUCE SMITH, PARTIES CORAM COMMISSIONER J F GREGOR DATE WEDNESDAY, 28 AUGUST 2002 FILE NO. C 180 OF 2002 CITATION NO. 2002 WAIRC 06365 _________________________________________________________________________________________________________ Result Directions and Orders issued _________________________________________________________________________________________________________ Direction and Order WHEREAS on 27 August 2002 Sandvik Materials Handling Pty Ltd (the Applicant) applied to the Commission for an urgent conference pursuant to s.44 of the Industrial Relations Act, 1979 (the Act); and WHEREAS the Commission listed the conference on 28 August 2002 at which time the Commission was told that the Applicant has operations based at two sites in the metropolitan area, that employees engaged in operations at the Bayswater site are covered by The Metal Trades (General) Award and The Sandvik Materials Handling Enterprise Bargaining Agreement 2001 AG260 of 2001; and WHEREAS employees engaged at the Malaga site are covered by an award of the Australian Industrial Relations Commission; and WHEREAS a strike had commenced in protest at the termination by the company of an employee on 27 August 2002; and WHEREAS that strike was affecting the operations of the Applicant; and WHEREAS at the commencement of the conference the Commission was advised by Mr Hicks who appeared for The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch that the workers involved would return to work at the completion of meetings to be conducted by Mr Hicks prior to the shift to commence on 29 August 2002; and WHEREAS during the interchange between the parties became clear to the Commission or may be industrial issues between them which remain unresolved; and WHEREAS the Commission formed the view that the officers representing the Applicant were reluctant to have discussions with the Union in respect of those industrial issues; and WHEREAS the Commission decided that in relation to a conference pursuant to s.44 it is required to make such suggestions and give directions as it considers appropriate and without limiting the generality of the foregoing may direct the parties to confer with one or another or with any person and without a Chairman; and WHEREAS the Commission has decided that there are industrial matters involved and in respect to them it is enabled by s.44(6) to give any direction or make any order or declaration which is otherwise authorised to make under the Act; and WHEREAS the Commission has decided that it is in the industrial interest of the parties to meet and attempt to resolve the issues between them and for that purpose as it is decided that the officers of the Applicant present at the proceedings, that is Gavin Peter Lucas, Hendry Michael John and Gregory Bruce Smith should become parties to this application; and WHEREAS the Commission has decided that provided there has been a return to work of all employees it will direct the Applicant and the persons who have been made parties hereto to conduct a meeting on behalf of the Applicant with the Respondent Union at 10:30am on 29 August 2002 at premises selected by the Applicant for the purpose of discussing and ventilating the industrial issues between them; and WHEREAS the parties will be required to report to the Commission on the outcome of the discussions. NOW THEREFORE the Commission hereby orders and directs— 1. THAT Gavin Peter Lucas, Hendry Michael John and Gregory Bruce Smith are made parties in person to this application. 2. THAT the Applicant and persons mentioned in 1. hereof shall on behalf of the Applicant meet with representatives of the Respondent Union at 10:30am on 29 August 2002 to discuss and ventilate industrial issues. 3. THAT the parties are to report to the Commission the outcome of the discussions. 4. THAT this order shall have no effect if there is not a return to work of all of the Applicant’s employees by 7:15am on 29 August 2002. (Sgd.) J. F. GREGOR, [L.S.] Commissioner. 2002 WAIRC 06304