D2001/5, Transcript of Proceedings [2001] AIRCTrans 2041 (23 August 2001)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 8705

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

D2001/5

APPLICATION FOR CHANGE OF NAME OF
ORGANISATION

Application under section 204(1) by
Managers and Financial Executives
Association for change of name of
organisation

MELBOURNE

11.51 AM, THURSDAY, 2 AUGUST 2001

THE FOLLOWING HEARING WAS CONDUCTED BY TELEPHONE HOOK-UP

PN1

MS A. MAHONY: I appear for the MFEA.

PN2

MR S. RAMSAY: I appear for the Community and Public Sector Union.

PN3

THE SENIOR DEPUTY PRESIDENT: The matter is listed this morning for directions. What is the position for that, Ms Mahony?

PN4

MS MAHONY: Your Honour, we have been in contact with the CPSU. We faxed and sent a letter to them on 26 June indicating our preparedness to meet with them and to discuss the objection. I didn't hear from them when - at the time that the matter was listed. I wrote again to them on 27 July again inviting contact for the purpose of discussions. Mr Ramsay called our offices on Tuesday morning, Tuesday 31 July. I was unavailable at the time. I have subsequently returned that call and no further contact has been made, so at this stage I would seek confirmation of the intentions of the CPSU and whether or not they are intending to proceed with their objection.

PN5

THE SENIOR DEPUTY PRESIDENT: Well did you hear that, Mr Ramsay?

PN6

MR RAMSAY: I did, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: What is the position - what is the position of the CPSU? Well further, do you want some discussions with the applicant or - - -

PN8

MR RAMSAY: Well we would like some discussion, and I don't disagree with anything Mr Mahony said. The first letter didn't come to my attention until I received the second letter, but it is entirely our fault. We would like the opportunity to have some discussions. We would understand though, and we would accept some directions being made, with respect to the filing of documents for the continuation of this matter if it is going to proceed in the Commission pending the outcome of our discussions. So we would have no objection to those sorts of more formal arrangements being made to satisfy both the Commission and Ms Mahony, because this matter is not going to just drift along. We would like the opportunity to have a discussion with Ms Mahony. Now that the relevant official has returned, we believe we could do that next week or at Ms Mahony's convenience.

PN9

THE SENIOR DEPUTY PRESIDENT: Well assuming that you are in a position to have a discussion within the next week or two, how much time would you need before you - to file your material?

PN10

MR RAMSAY: Well we thought if there was a direction made that gave - that said that we had to file material on or before, say, four weeks from today, that would give us the opportunity to meet and discuss and hopefully resolve the matter. If not, then we would be required to file that material. That would give us about two and a half to three weeks to get all our material together and file.

PN11

THE SENIOR DEPUTY PRESIDENT: What is your position on that, then, Ms Mahony? You are happy to have discussions but for me to make directions?

PN12

MS MAHONY: Yes please, your Honour. We would prefer, obviously, that this matter wasn't delayed too much. If I could meet with Mr Ramsay within the week and perhaps if the CPSU - if it comes to it if they could make submissions by, say, 24 August, I think that is about three weeks.

PN13

THE SENIOR DEPUTY PRESIDENT: My experience in these matters suggests that if you are having discussions it does make it difficult then to comply with such a timetable. I would have suggested four weeks for the objector and if that were the case, Ms Mahony, how much time do you think you would then need to file your material - three or four weeks?

PN14

MS MAHONY: Three weeks should be sufficient, your Honour.

PN15

THE SENIOR DEPUTY PRESIDENT: And three weeks for the reply - for the applicant. If that were the case - would you agree with that, Mr Ramsay?

PN16

MR RAMSAY: That would be certainly acceptable to us, your Honour. Perhaps then a week to get any material in reply.

PN17

THE SENIOR DEPUTY PRESIDENT: Perhaps if I can just work that out as an actual timetable. Say, the 31 August for the CPSU - - -

PN18

MR RAMSAY: Yes.

PN19

THE SENIOR DEPUTY PRESIDENT: 21 September for the MFEA, 28 September for the reply and what I prefer, myself, to do is to list the matter then for programming of hearing because at that stage the parties are then aware of how much time they will need.

PN20

MR RAMSAY: Yes, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: I would suggest 10 o'clock on 9 October - sorry, 10.30 on 9 October. Nominally at this stage in Melbourne, Mr Ramsay. If it is necessary to do it by way of tele-conference or video that would be attended to shortly prior to that.

PN22

MR RAMSAY: Thank you, your Honour. I think by the - - -

PN23

THE SENIOR DEPUTY PRESIDENT: Are you there?

PN24

MR RAMSAY: Yes, your Honour, sorry.

PN25

THE SENIOR DEPUTY PRESIDENT: Sorry, you stopped mid sentence.

PN26

MR RAMSAY: I was just going to thank your Honour for the opportunity to do it by phone today and by 9 October we will have fixed up our staffing situation so that there will be no problems with having somebody attend in Melbourne on the 9th.

PN27

THE SENIOR DEPUTY PRESIDENT: If, in the meantime, there is an outbreak of consensus and there is an agreement which leads to the withdrawal of the objection, the applicant can seek to have the matter listed at an earlier stage for me to deal with it. Would that be agreeable to both of you?

PN28

MR RAMSAY: Yes, your Honour.

PN29

MS MAHONY: Yes.

PN30

THE SENIOR DEPUTY PRESIDENT: All right. Well I will issue formal directions as soon as possible in relation to that, and commend to you both that you arrange a meeting time. Indeed, we can go off the record at this - I can adjourn and leave this line open for the moment and you can have that discussion about arranging a suitable time. Would that be appropriate?

PN31

MR RAMSAY: That would be great, your Honour. Thank you.

PN32

THE SENIOR DEPUTY PRESIDENT: Well the Commission will adjourn this matter until 10.30 on 9 October this year in Melbourne on the basis as previously outlined. The Commission itself is adjourned.

ADJOURNED UNTIL 9 OCTOBER 2001 [12.01pm]