rence between the parties pursuant to s 44of the Industrial Relations Act, 1979; WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 893 79 W.A.I.G. AND WHEREAS at the conference the Commission was informed that the v the

(1999) 79 WAIG Single Commissioner (WAIRC) 1999-02-18

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APPLICANT: rence between the parties pursuant to s 44of the Industrial Relations Act, 1979; WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 893 79 W.A.I.G. AND WHEREAS at the conference the Commission was informed that the

RESPONDENT: the

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Concept tags · 5

[P]s44 referral of industrial matter (WA) [P]Protected industrial action [P]Unprotected industrial action [S]Good faith bargaining [S]Overtime and penalty rates

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Archived text (380 words)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. A Goninan & Co Limited and The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers, Western Australian Branch. C 46 of 1999. COMMISSIONER S J KENNER. 18 February 1999. Recommendation. WHEREAS on 12 February 1999 the applicant applied to the Commission for a conference pursuant to s 44 of the Indus- trial Relations Act, 1979; AND WHEREAS on 18 February 1999 the Commission convened a conference between the parties pursuant to s 44of the Industrial Relations Act, 1979; WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 893 79 W.A.I.G. AND WHEREAS at the conference the Commission was informed that the applicant and the respondent and its mem- bers employed by the applicant are in dispute in relation to enterprise bargaining negotiations and in relation thereto em- ployees members of the respondent have taken industrial action in the form of stoppages of work and restrictions on overtime between 5 and 8 February 1999 and 12 and 15 February 1999; AND WHEREAS the Commission has been informed that in light of the application to the Commission for a conference pursuant to s 44 of the Industrial Relations Act, 1979 all in- dustrial action has ceased pending the convening of the conference; AND WHEREAS the parties at the conference agreed to resume the enterprise bargaining negotiations in good faith commencing on 24 February 1999 with the parties to report back to the Commission as to the progress of those negotia- tions by 26 February 1999; NOW THEREFORE the Commission, having regard to the interests of the parties concerned and to the public interest and to prevent any further deterioration of industrial relations in respect of the matters in dispute and pursuant to the powers conferred on it by the Industrial Relations Act, 1979, hereby recommends— (1) THAT the parties to the herein application recom- mence enterprise bargaining negotiations in good faith with a view to reaching an agreement as soon practicable; (2) THAT during the course of and to facilitate the ne- gotiations referred to in paragraph (1) above that employees of the applicant desist from engaging in any further industrial action including but not lim- ited to any stoppage of, or ban or limitation on the performance of work. (Sgd.) S.J. KENNER, [L.S.] Commissioner.