WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. PARTIES CARGILL SALT, A DEPARTMENT OF CARGILL AUSTRALIA LTD 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 CORAM COMMISSIONER S J KENNER DELIVERED THURSDAY, 27 JULY 2000 FILE NO C 173/2000 _________________________________________________________________________ Result Resume work order issued. Representation Applicant Mr R Gifford Respondent Mr G Sturman ________________________________________________________________________ Order. WHEREAS on 5 July 2000 the applicant applied to the Com- mission for a conference pursuant to s44 of the Industrial Relations Act, 1979; AND WHEREAS on 27 July 2000 the Commission convened a conference between the parties pursuant to s44 of the Industrial Relations Act, 1979; AND WHEREAS at the conference the Commission was informed that the applicant and the respondent were in dispute in relation to work being performed by employees of the applicant members of the respondent in connection with the installation of new stub axles on one of the applicant’s salt harvesters with the applicant contending that the axles were fabricated by a contractor in accordance with clause 13 – Utilisation of Contractors of the Cargill Salt (A Department of Cargill Australia Ltd) Enterprise Bargaining Agreement 1999 (“the Agreement”) whereas the respondent contended such work should have been performed by maintenance employees of the applicant; AND WHEREAS in support of their demands members of the respondent imposed a ban on the installation of the stub axles commencing on or about 29 June 2000 with such ban continuing at the time of these proceedings; AND WHEREAS the Commission endeavoured to resolve the dispute between the parties but no agreement was reached as a result of the conference and the Commission was also of the view that the dispute concerned the interpretation of clause 13 of the Agreement in similar terms to that before the Commission in application C 145 of 2000; AND WHEREAS having heard from the applicant and the respondent the Commission has formed the view that the industrial action which is occurring constitutes a breach of either or both of clause 31—Industrial Relations Procedure of the Cargill Salt Australia Limited – Salt Production and Processing Award No A 34 of 1988 or clause 12 – Industrial Relations Procedure of the Agreement respectively; NOW THEREFORE the Commission pursuant to the powers vested in it by the Industrial Relations Act, 1979, and in particular s 44(5b) hereby orders— 1 THAT each of the employees of the applicant mem- bers of the respondent engaged in work in connection with the installation of new stub axles on the appli- cant’s salt harvesters who are engaged in industrial action concerning matters the subject of these pro- ceedings, cease such industrial action immediately; 2 THAT the respondent and each of its officials take all reasonable steps to ensure that the industrial ac- tion ceases immediately in accordance of the terms of paragraph 1 of this order; 3 THAT the dispute be heard and determined by the Commission together with application C 145 of 2000 in proceedings to be listed in Port Hedland on 4 August 2000; 4 THAT the applicant or the respondent may, on giv- ing 24 hours notice to the other, apply to the Commission to vary, revoke or otherwise set aside the terms of this order. (Sgd.) S. J. KENNER, [L.S.] Commissioner.