C2001/4925, Transcript of Proceedings [2001] AIRCTrans 2934 (29 October 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 0717

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2001/4925

AUSTRALIAN NURSING FEDERATION

and

LYNDOCH INCORPORATED

Notification pursuant to section 99 of the Act
of a dispute re application of the grievance
and disciplinary procedures

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

MONDAY, 15 OCTOBER 2001

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [2.03pm]

PN1

THE COMMISSIONER: All right. The Commission notes that the statutory declarations are all made in confidence, and the Commission would mark them.

EXHIBIT #VHIA1 STATUTORY DECLARATION

EXHIBIT #VHIA2 STATUTORY DECLARATION

EXHIBIT #VHIA3 STATUTORY DECLARATION

EXHIBIT #VHIA4 STATUTORY DECLARATION

EXHIBIT #VHIA5 STATUTORY DECLARATION

EXHIBIT #VHIA6 STATUTORY DECLARATION

EXHIBIT #VHIA7 STATUTORY DECLARATION

PN2

THE COMMISSIONER: These matters now being tendered to the Commission are tendered in confidence and shall be placed in an envelope and marked accordingly, and shall not be opened unless with the specific authority of the Commission as currently constituted, or in the absence of the Commission currently constituted, an appropriate member of the Commission.

PN3

These are now within the jurisdiction of the Commission. These statutory declarations, or copies of these statutory declarations, with the appropriate identification of those making it shall be blacked out, and shall be provided to the ANF, along with the - any statement of allegations made against the three ANF members in question, or any record of statement that has been provided to Lyndoch - copies shall be provided to the ANF with the appropriate identification of those making those statements or the record of statement blacked out.

PN4

That is in order to assist the three accused, of being able to respond properly and adequately to the serious allegations that have been made against them, and also to provide them with an opportunity to have natural justice apply.

PN5

Given the very serious nature of the allegations and information that has been provided to the Commission in confidence by way of conciliation, off the record, the Commission would draw the parties' attention to section 301 of the Workplace Relations Act, which is headed, Intimidation etcetera.

PN6

Now that this matter is before the Commission the Commission finds it appropriate to issue the following order:

PN7

(1) that Lyndoch Inc shall provide a notice to all their employees drawing their attention to section 301 of the Workplace Relations Act, and that any breach of that section 301, the employer shall institute proceedings within the Federal Court to have those who have breached that section prosecuted.

PN8

It obviously would be a matter for the Court to determine the merits of such allegation. In regards to the three specific ANF members, the Commission would indicate and draw their attention to the fact that they happen to be stood down from Lyndoch Inc, they are still subject to the Workplace Relations Act 1996.

PN9

Given the serious nature of the allegations against them, and given what the Commission has been told in conciliation, the Commission would order that those three specific employees, that is Mr Ward, Ms Hand, and Ms Cousins, are to comply with section 301 of the Workplace Relations Act.

PN10

Failure to comply, the employer has its rights to institute proceedings within the Federal Court, and again the Federal Court would deal with any application before it on its merits and that is a matter for the Court to determine.

END OF EXTRACT

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #VHIA1 STATUTORY DECLARATION PN2
EXHIBIT #VHIA2 STATUTORY DECLARATION PN2
EXHIBIT #VHIA3 STATUTORY DECLARATION PN2
EXHIBIT #VHIA4 STATUTORY DECLARATION PN2
EXHIBIT #VHIA5 STATUTORY DECLARATION PN2
EXHIBIT #VHIA6 STATUTORY DECLARATION PN2
EXHIBIT #VHIA7 STATUTORY DECLARATION PN2