WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. PARTIES TRANSFIELD SERVICES (AUSTRALIA) PTY LTD, O’DONNELL GRIFFIN PTY LTD & OTHERS, APPLICANTS v. THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION OF W O R K E R S — W E S T E R N AUSTRALIAN BRANCH AND THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING, AND ALLIED WORKERS UNION OF AUSTRALIA, ENGINEERING & ELECTRICAL DIVISION, WA BRANCH, RESPONDENTS CORAM CHIEF COMMISSIONER W S COLEMAN DELIVERED MONDAY, 23 JULY 2001 FILE NO/S C 178 OF 2001 & C 179 of 2001 CITATION NO. 2001 WAIRC 03325 _______________________________________________________________________________ Result Order issued Representation Applicant Mr D Pretsel on behalf of Transfield Services (Australia) Pty Ltd Mr C Mitsopolous on behalf of O’Donnell Griffin Pty Ltd & Others Respondent Mr B Davis on behalf of the union Mr J Ferguson on behalf of the union Mr P Wawati on behalf of the union Mr G Miekle on behalf of the union Mr V Sewell on behalf of the union Mr D Tewano on behalf of the union _______________________________________________________________________________ Order. 1. WHEREAS on Saturday the 21st July 2001 the Applicant applied to the Commission for an urgent conference pursuant to section 44 of the Industrial Relations Act 1979 (“the Act”); 2. AND whereas on Sunday the 22nd July 2001 the Deputy Registrar (Karratha) was directed to investigate and report on the matter pursuant to section 93(8) of the Act; 3. AND whereas on that day pursuant to the direction the Deputy Registrar met with parties and was informed that the Applicant and the Respondents were in dispute as to the withdrawal of labour by employees of the Applicant engaged on shutdown maintenance work at the BHP HBI Plant in Port Hedland, due to onsite health and safety issues arising from emissions of SMF in the cooling conveying area on or about Thursday the 19th July 2001; 4. AND whereas the Commission having received a report from the Deputy Registrar and having been advised of the discussions including initiatives to assist in resolving the dispute formulated a recommendation which was to be put to a report back meeting to be held at 6.30 am 23rd July 2001. 5. AND having been advised that the recommendation was rejected and that there was not a return to work the Commission reconvened the conference by telephone link on Monday 23rd July AND having been advised of the reason why there was not a return to work in accordance with the recommendation and being of the opinion that action is necessary to prevent a further deterioration of industrial relations and to put in place arrangements which will ensure confidence in occupational health and safety procedures which will address issues giving rise to this dispute HEREBY ORDERS pursuant to section 44(6) of the Act— 1. THAT application in matter number C179 of 2001 is hereby joined to matter number C178 of 2001. 2. THAT following a meeting to be organised by the Union at the direction of the Commission for later this afternoon, employees are to resume work at the commencement of the night shift tonight Monday 23rd July 2001. AND that all other employees are to continue to work in accordance with their shifts from Tuesday 24th July 2001. 3. THAT commencing at 8:30am on Tuesday 24th July 2001, Deputy Registrar McCann pursuant to this order is directed to investigate all facets of the com- munication process relating to notification of occupational health and safety issues arising out of the current dispute and that following the comple- tion of that investigation the Deputy Registrar is to provide a written report to the Chief Commissioner. The report is to be completed expeditiously and to this end the Deputy Registrar is to interview and li- aise with all relevant personnel. If the report is not completed by Friday 27th July 2001 the Deputy Reg- istrar is to advise the Chief Commissioner on its progress. The Deputy Registrar is to include in his report to the Chief Commissioner all matters still in conten- tion between the parties associated with those which were identified in discussions between the parties on Sunday 22nd July 2001. (Sgd.) W.S. COLEMAN, [L.S.] Chief commissioner. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 81 W.A.I.G. 2456 2001 WAIRC 03201 ALLEGED THREAT OF PREJUDICE IN THE EMPLOYMENT OF MEMBERS OF THE UNION