Industrial Relations Commission of New South Wales CITATION: Notification under s130 by CFMEU of a dispute with Newcrest Mining Limited [2005] NSWIRComm 100 APPLICANT: Construction, Forestry, Mining and Energy Union (New South Wales Branch) PARTIES: RESPONDENT: Newcrest Mining Limited FILE NUMBER(S): IRC5730 of 2004 CORAM: Walton J Vice-President CATCHWORDS: Further conciliation conference - Attendance by officers of the company directed to attend - Resolution of immediate issues concerning employee subject of dispute notification - Objection to jurisdiction maintained by respondent - Union pressing right to represent members covered by AWA's - Industrial dispute resolved - Matter concluded save for costs issue before Commission in Court Session LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 03/30/2005; 03/31/2005 EXTEMPORE JUDGMENT DATE: 03/31/2005 APPLICANT: Mr A Bukarica Legal/Industrial Officer Construction, Forestry, Mining and Energy Union (New South Wales Branch) LEGAL REPRESENTATIVES: RESPONDENT: Ms H McKenzie Solicitor Blake Dawson Waldron Lawyers JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Walton J, Vice-President 31 March 2005 Matter No IRC 5730 of 2004 Notification under s130 by the Construction, Forestry, Mining and Energy Union (New South Wales Branch) of a dispute with Newcrest Mining Limited re disciplinary proceedings against Brett Tametea STATEMENT [2005] NSWIRComm 100 1 Yesterday the Commission conducted a further conciliation conference in this matter which was attended by officers of the Construction, Forestry, Mining and Energy Union (New South Wales Branch) ("the CFMEU") and Newcrest Mining Limited (including the officers who were subject to a direction issued by the Commission on 23 March 2005: Re Notification under s130 by CFMEU of a dispute with Newcrest Mining Limited [2005] NSWIRComm 90). That conference resulted in a partial resolution of the issues in the industrial dispute. 2 Upon resumption of the conference today, and after a response was obtained from the CFMEU as to a suggestion made by the Commission at the close of proceedings on the previous day, the industrial dispute was settled. 3 The settlement involved the resolution of the immediate issues concerning Mr Tametea and a recognition by the parties as to an ongoing disagreement about some broader issues (which were not required to be finally addressed in the context of the present notification of dispute). 4 This description of the outcome of these proceedings requires some elaboration. 5 The immediate issue concerned Mr Tametea's grievance. This was resolved by Newcrest clarifying first that the communication issued to Mr Tametea on 19 August 2004 (after a counselling interview with management) was not a further warning issued by it (over and above a final warning issued on 18 May 2004) and, secondly, that it had taken into account, in issuing the letter of 19 August 2004, the justifications offered by Mr Tametea in relation to two issues concerning his use of company vehicles. 6 Further, the CFMEU agreed that, in the light of the resolution of the issues concerning Mr Tametea, the dispute concerning its representation of Mr Tametea had dissolved for the purposes of these proceedings. In other words, the parties would not be required to fully address the representation issue in this matter in the light of the settlement of Mr Tametea's grievance which lay at the centre of the industrial dispute. 7 However, the parties agreed that there remained unresolved two broader issues. First, Newcrest maintained its objection to jurisdiction of the Commission, albeit that that objection was currently ventilated in proceedings for prerogative relief. 8 Secondly, the CFMEU continued to press a right to represent its members at the workplace, including those covered by Australian Workplace Agreements. 9 In these circumstances, I consider that the industrial dispute has been resolved. The specific issues identified by the CFMEU at the outset of the conciliation proceedings have been settled. The broader matters dividing the parties are either outside the scope of those issues (and more appropriately considered in the light of particular circumstances that may arise in the future) or outside the scope of these proceedings (as the relevant jurisdictional issues have been resolved by the Commission). 10 I consider the conciliation proceedings have, therefore, successfully resolved the industrial dispute. 11 This matter is concluded, save for the outstanding issue of costs in relation to the proceedings before the Commission in Court Session. ___________________________ DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.