C2001/4143, Transcript of Proceedings [2001] AIRCTrans 2444 (21 September 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 0029

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GAY

C2001/4143

HEALTH AND WELFARE SERVICES - PRIVATE
HOSPITAL MEDICAL OFFICERS - VICTORIA
AWARD 1997

Application under section 113 of the Act
by Australian Salaried Medical Officers
Federation to vary the above award to
reflect industry safety net conditions of
employment

MELBOURNE

12.33 PM, MONDAY, 3 SEPTEMBER 2001

PN1

MR R. FELMINGHAM: I appear for the Australian Salaried Medical Officers Federation.

PN2

MS J. FRAUMANO: I seek leave to appear for St Vincents and Mercy Private Hospital.

PN3

THE COMMISSIONER: Yes, Ms Fraumano. Mr Felmingham, do you say something about Ms Fraumano's application for leave?

PN4

MR FELMINGHAM: No, I have no objection, Mr Commissioner.

PN5

THE COMMISSIONER: Very well. Leave is granted, Ms Fraumano. Yes, Mr Felmingham.

PN6

MR FELMINGHAM: Sir, I think, subject to what Ms Fraumano says, this application - I don't want to proceed with this application fully today. The reason for that is that the - the dates of operation - there are issues surrounding the dates of operation that are very similar to those that were in the previous matter.

PN7

THE COMMISSIONER: Not sufficiently similar, Mr Felmingham? Is that so?

PN8

MR FELMINGHAM: Well, not sufficiently similar in the very important respect, sir, that we don't have consent from the parties. There are three hospitals that are party to the award. One is St Vincents Private. It is represented by my friend, Ms Fraumano. Another is the Epworth. And we have had some discussions with Epworth and SIAG, their representatives, but they are not here today to put a position. And the third hospital is the John Fawkner Private Hospital and I haven't had any response from them. It would be - - -

PN9

THE COMMISSIONER: Was the Epworth advised?

PN10

MR FELMINGHAM: Yes, sir. Look, I didn't - - -

PN11

THE COMMISSIONER: You were required to advise them of the place and time of hearing.

PN12

MR FELMINGHAM: I didn't make out an affidavit of service, but we did for the three hospitals. I might, for completeness of the file, Mr Commissioner - - -

PN13

THE COMMISSIONER: Yes.

PN14

MR FELMINGHAM: I might tender the registered post advice.

PN15

THE COMMISSIONER: Yes, thank you. But nevertheless you want this held over do you?

PN16

MR FELMINGHAM: Look, I think so. The option, I suppose, the other option, and it might be a better option, I take the Commission's guidance in this is to what needs to - the aspect that needs further discussion is the date of operation. It may be possible for agreement to be reached on that in a relatively short time. And I think that probably the preferable view would be to try to speak to the parties about it.

PN17

THE COMMISSIONER: Yes, I think it should come off.

PN18

MR FELMINGHAM: Yes.

PN19

THE COMMISSIONER: Yes. All right. Well, Ms Fraumano, do you want to say something about that?

PN20

MS FRAUMANO: No, Commissioner. I would be happy for that course of action.

PN21

THE COMMISSIONER: Yes. All right. Yes, a few too many loose ends on that one, Mr Felmingham - - -

PN22

MR FELMINGHAM: Yes.

PN23

THE COMMISSIONER: - - - to try and do something in a contingent way, and I don't know that I would do that. All right. Well, this matter will be held over to a date to be fixed.

ADJOURNED INDEFINITELY [12.37pm]