C2001/3932, Transcript of Proceedings [2001] AIRCTrans 2465 (24 September 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 0061

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2001/3932

SOCIAL AND COMMUNITY SERVICES
- VICTORIA - AWARD 2000

Application pursuant to section 111(1)(b)
of the Act by the Australian Municipal,
Administrative, Clerical and Services Union
for creation of a roping-in award concerning
respondency

MELBOURNE

2.20 PM, TUESDAY, 4 SEPTEMBER 2001

Continued from 7.8.01

PN59

MR N. HENDERSON: I appear for the Australian Services Union.

PN60

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Henderson?

PN61

MR HENDERSON: I understand from the people in the Court, your Honour, that Ms Whitecross is coming to represent them in relation to the Waverley Adolescent Emergency Care Facilities. So perhaps if you give her a few minutes, I can deal with the other organisation first - - -

PN62

THE SENIOR DEPUTY PRESIDENT: Yes.

PN63

MR HENDERSON: - - - and she might appear before I have finished.

PN64

THE SENIOR DEPUTY PRESIDENT: With a bit of luck.

PN65

MR HENDERSON: If she is lucky, yes. Your Honour I think has a letter from Russell Kennedy Solicitors - - -

PN66

THE SENIOR DEPUTY PRESIDENT: Yes, I have.

PN67

MR HENDERSON: - - - representing the South Eastern Disability Services Incorporated. Perhaps if that could be marked in relation to that organisation?

PN68

THE SENIOR DEPUTY PRESIDENT: Yes. Do we have any exhibits yet? I will mark that ASU1

EXHIBIT #ASU5 LETTER FROM RUSSELL KENNEDY
SOLICITORS REPRESENTING SOUTH EASTERN
DISABILITY SERVICES INCORPORATED

PN69

MR HENDERSON: Thank you, your Honour. I had some discussions with Ms Pelo from Russell Kennedy and as the letter indicates, her client is prepared to agree to be roped in to the award in relation to the part of their organisation known as the Leisure Link-Up or Leisure Link-Up which is at the same address as South Eastern Disability. As I understand it South Eastern Disability Services Inc. is incorporated as an umbrella type of organisation, so if your Honour is happy to do it, we would simply seek to add South Eastern Disability Services Incorporated in relation to Leisure Link-Up as a respondent on the respondency list of the order that we sent up to the Commission.

PN70

THE SENIOR DEPUTY PRESIDENT: South Eastern - - -

PN71

MR HENDERSON: Disabilities Services Incorporated and then the part of the organisation is called Leisure Link-Up.

PN72

THE SENIOR DEPUTY PRESIDENT: Yes, so how do you want to phrase that in the respondency list, Mr Henderson? I had in mind something like Leisure Link-Up a division of South Eastern Disability Services Incorporated.

PN73

MR HENDERSON: Sounds perfect, I think that would suffice, your Honour.

PN74

THE SENIOR DEPUTY PRESIDENT: Well we will add that as a party to the roping in award of the respondent party to the roping in award.

PN75

MR HENDERSON: Yes, thank you, your Honour. That is all I have to say in relation to that.

PN76

THE SENIOR DEPUTY PRESIDENT: Do you know what the position is in relation to - - -

PN77

MR HENDERSON: No, I - - -

PN78

THE SENIOR DEPUTY PRESIDENT: - - - Waverley Emergency Adolescent Care?

PN79

MR HENDERSON: Since the last occasion, your Honour, I forwarded to your Honour, a copy of all of the relevant dispute findings and we forwarded a copy to each of the parties. Perhaps if your Honour is happy to do so, I am happy to adjourn into conference briefly and we might be able to sort it out with the representatives, off the record.

PN80

THE SENIOR DEPUTY PRESIDENT: Yes, well we will just go off the record for a moment, thanks.

OFF THE RECORD

RESUMED [2.31pm]

PN81

THE SENIOR DEPUTY PRESIDENT: I think we will go on to the record.

PN82

MR HENDERSON: Yes. I understand from my friend that Ms Whitecross has had an accident, so she won't be able to make it this afternoon and - - -

PN83

THE SENIOR DEPUTY PRESIDENT: Yes, that is unfortunate.

PN84

MR HENDERSON: Yes, your Honour. Look, on that basis, I am happy to simply adjourn it to a date to be fixed to save - - -

PN85

THE SENIOR DEPUTY PRESIDENT: Yes, you may be able to resolve it amongst yourselves.

PN86

MR HENDERSON: That is right and we can ask for it to be brought back on if that is not the case.

PN87

THE SENIOR DEPUTY PRESIDENT: Very well, well I will add Leisure Link-Up, a division of South Eastern Disability Services Inc. as an employer respondent to the roping in award and I will adjourn the application without a date.

PN88

MR HENDERSON: Yes, thank you.

PN89

THE SENIOR DEPUTY PRESIDENT: We should correct the exhibit number, that was ASU5 I am told, yes. Yes, thank you.

ADJOURNED INDEFINITELY [2.32pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU5 LETTER FROM RUSSELL KENNEDY PN69