AG2001/6342, Transcript of Proceedings [2001] AIRCTrans 2887 (25 October 2001)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 0648

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2001/6342

APPLICATION FOR CONCILIATION
OF AGREEMENT

Application under section 170NA(1) of the Act
by the Community and Public Sector union for
conciliation in attempts at making an agreement
between the CPSU (SPSF Group) and the Crown in
Right of the State of Victoria

MELBOURNE

2.03 PM, WEDNESDAY, 10 OCTOBER 2001

PN1

MR N. PERICA: I appear for the CPSU.

PN2

MR R. CREIGHTON: I seek leave to appear on behalf of the State of Victoria. With me is MR D. EYRE-WALKER.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Perica.

PN4

MR PERICA: Your Honour, could we go off the record for a short period?

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, we can, if there is no objection from Mr Creighton.

PN6

MR CREIGHTON: No, I have no objection, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, very well, we will go off the record at this stage into conference. I would ask the reporters to stand by.

OFF THE RECORD

PN8

THE SENIOR DEPUTY PRESIDENT: I have had a discussion with the parties off the record. I indicated to the parties that I had been involved as counsel for the State of Victoria against the CPSU in matters that directly relate, or indirectly relate to the application for conciliation under section 170NA subsection (1) in matter AG2001/6342.

PN9

There is also a matter, BP2001/4337, which is an application by the State of Victoria under section 170MW that the Commission suspend or terminate a bargaining period under - having regard to the circumstances set out in sections 170MW(3)(a) and 170MW(7). Mr Perica, on behalf of the CPSU, has asked that I disqualify myself. Having regard to my previous association with the State of Victoria, and in the circumstances I have indicated that I have no option but to do so.

PN10

Mr Creighton has indicated that insofar as the application to suspend or terminate the bargaining period is concerned, there is some urgency because section 170MW(3)(a) has been invoked and, of course, that section provides that a bargaining period may be suspended or terminated if the industrial action that is being taken is threatening to endanger the life, the personal safety or health or the welfare of the population or a part of it.

PN11

In the circumstances, I can do no more than adjourn these proceedings and endeavour to have the files allocated to another member of the Commission and I will do so as soon as I can. Is there anything that anybody wishes to place on the record?

PN12

MR PERICA: No, your Honour.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Perica.

PN14

MR CREIGHTON: Nothing from me.

PN15

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Creighton. Well, these matters - this matter will be adjourned and the parties will be notified as soon as possible as to any re-allocation of the files.

ADJOURNED ACCORDINGLY [2.12pm]