PR927312 PR927312 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.127 application re alleged industrial action John Holland Pty Ltd and Construction, Forestry, Mining and Energy Union (C2003/795) Various Building construction industry DEPUTY PRESIDENT HAMILTON MELBOURNE, 4 FEBRUARY 2003 Agreed Conference Outcome STATEMENT During a conference held before me on 4 February the parties agreed to the following: 1. All bans and limitations on work will be lifted and not reimposed during the agreed process for resolving the dispute. 2. Mr Jack Andrews will immediately recommence work with John Holland Pty Ltd. 3. The CFMEU notified the Commission of a dispute under s.99 of the Workplace Relations Act 1996 concerning the dismissal or transfer of a delegate, consistent with clause 33 Job Stewards/Delegates of the John Holland Pty Ltd and CFMEU Building and Construction Industry Collective Bargaining Agreement 1999-2002 . Clause 33 provides: "In the event of the union disputing the decision of the company to transfer or dismiss a job steward/delegate he/she shall remain on the job during which time the matter will be dealt with in accordance with the dispute settlement procedure in this agreement." Clause 9 Dispute Settlement Procedure provides for an unresolved matter to be " referred to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission's decision will be accepted by all parties subject to legal right of appeal." 4. The Commission will conciliate the matter and to that end will hold a conference on Friday 7 February 2003 at 10.15 am. The Commission urges the parties to attempt to settle the matter prior to that time. BY THE COMMISSION: DEPUTY PRESIDENT Appearances: Mr B Shaw of counsel , Mr J Cridland and Mr G Fanning of John Holland Pty Ltd Mr R Wainwright and Mr N Washington of CFMEU Hearing details: Melbourne 2003 4 February Printed by authority of the Commonwealth Government Printer <Price code A>