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Australian Industrial Relations Commission Transcripts |
AUSCRIPT PTY LTD
ABN 76 082 664 220
Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:(03) 9672-5608 Fax:(03) 9670-8883
TRANSCRIPT OF PROCEEDINGS
O/N 0728
AUSTRALIAN INDUSTRIAL
RELATIONS COMMISSION
SENIOR DEPUTY PRESIDENT KAUFMAN
C2001/4740
C2001/4741
C2001/4742
C2001/4743
NURSES (VICTORIAN HEALTH SERVICES)
AWARD 2000
NURSES (AUSTRALIAN NURSING FEDERATION -
PRIVATE PATHOLOGY VICTORIA) AWARD 1995
NURSES (VICTORIAN MEDICAL CENTRES AND
CLINICS) AWARD 2000
NURSES (ANF - VICTORIAN LOCAL
GOVERNMENT) AWARD 1993
Applications by Australian Nursing Federation
under section 113 to vary awards concerning
Parental Leave decision in PR904631
MELBOURNE
10.10 AM, MONDAY, 15 OCTOBER 2001
PN1
THE SENIOR DEPUTY PRESIDENT: Good morning. I am sorry to have delayed you. I will take the appearances please.
PN2
MS L. KELLY: If the Commission pleases, I appear for the Australian Nursing Federation. Also appearing with me is MR B. SORAGAN.
PN3
MR J. O'MALLEY: If it pleases the Commission, I am appearing on behalf of the HSUA in C4740.
PN4
MR M. RAHILLY: If it pleases the Commission, I seek leave to appear for respondent clients of the Service Industry Advisory Group in respect of the matters relating to the Nurses (Victorian Health Services) Award 2000 and the Nurses (Private Pathology Victoria) Award 1995.
PN5
THE SENIOR DEPUTY PRESIDENT: That is matter C number 2001/4740 and what is the second one, Mr Rahilly?
PN6
MR RAHILLY: The Private Pathology Award, your Honour.
PN7
THE SENIOR DEPUTY PRESIDENT: That is C2001/4741.
PN8
MR RAHILLY: Thank you, your Honour.
PN9
MS A. BERTRAM: If the Commission pleases, I seek leave to appear on behalf of the respondent clients, Jenny Fraumano and Associates in respect to C4740 and C4741.
PN10
MS N. BOYLE: If the Commission pleases I appear for the VHIA on behalf of respondent members in C4740 and C4742.
PN11
MR P. EBERHARD: If the Commission pleases, I appear for VECCI in regards to the Nurses (Victorian Health Services) Award, the Nurses (ANF - Private Pathology Victoria) Award and also the Nurses (ANF - Victorian Local Government) Award, and I also appear on behalf of members who are respondent to the Nurses (Victorian Medical Centres and Clinics) Award. If the Commission pleases.
PN12
THE SENIOR DEPUTY PRESIDENT: So you appear in all matters?
PN13
MR EBERHARD: That is correct, yes, your Honour.
PN14
THE SENIOR DEPUTY PRESIDENT: Any objections to the application for leave to appear? Very well. Leave is granted, Mr Rahilly. Yes.
PN15
MS KELLY: Thank you, your Honour. This is an application to vary the Nurses (Victorian Health Services) Award, the Nurses (Australian Nursing Federation - Private Pathology Victoria) Award 1995, the Nurses (Victorian Medical Centres and Clinics) Award 2000 and the Nurses (ANF - Victorian Local Government) Award 1993, to insert the recently determined standards set by the Full Bench test case called Parental Leave for Casual Employees, print 904631.
PN16
The draft orders reflect the new standards set by that test case and seek to extend unpaid parental leave to eligible casual employees. The application is justified in that it seeks to provide an equitable provision of parental leave to full time, part time and casual employees and is consistent with section 3, the principal object to the Workplace Relations Act 1996, and in particular to sections 3(a), 3(i), 3(j) and 3(k).
PN17
Your Honour, I would like to hand up a copy of the proposed draft order and documents faxed to each organisation named in the order for substituted service. There is four sets of documents.
PN18
THE SENIOR DEPUTY PRESIDENT: One for each award, is there?
PN19
MS KELLY: Yes. Do you want them all handed up at the same time?
PN20
THE SENIOR DEPUTY PRESIDENT: Let me just have a look at the one you have handed to me. There were four - - -
PN21
MS KELLY: Each document is numbered at the bottom right of the page.
PN22
THE SENIOR DEPUTY PRESIDENT: Yes, but each bundle consists of an application to set aside or vary the award, the application for substituted service, the draft order, notice of hearing and a letter from the ANF to the award party as addressed enclosing all of those documents, that letter being dated 27 September 2001 and another letter dated 2 October 2001 seeking comments on the documents that were sent in September. Is that correct?
PN23
MS KELLY: Yes, the 2 October letter was a reminder to the parties and to check that they had received all the documents sent by the earlier fax on 27 September, and the fax receipts were also included in the documents handed up.
PN24
THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Kelly. Now, you have an identical set in each of the applications to vary, do you?
PN25
MS KELLY: That is correct, yes.
PN26
PN27
THE SENIOR DEPUTY PRESIDENT: You have given me the Nurses (Victorian Health Services) Award 2000 documentation that comprises exhibit ANF1?
PN28
MS KELLY: That is correct. The next set of documents to hand up is the Nurses (ANF - Private Pathology) Award 1995.
PN29
THE SENIOR DEPUTY PRESIDENT: Yes, and that is the same bundle?
PN30
PN31
PN32
PN33
THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Kelly.
PN34
MS KELLY: Your Honour, there is a minor change to the draft order handed up compared to the application in that there are some amended dates. This followed some discussions with VHIA and VECCI concerning the operative date which has resulted in three new dates inserted into the draft order. The changed dates are in the last two paragraphs.
PN35
THE SENIOR DEPUTY PRESIDENT: Let me just turn that up. I am turning to the draft order, and it is in the last two paragraphs, is it?
PN36
MS KELLY: Yes, in document numbered 3.
PN37
THE SENIOR DEPUTY PRESIDENT: Yes. It is actually not numbered but in the third document in the bundle, yes.
PN38
MS KELLY: Sorry.
PN39
THE SENIOR DEPUTY PRESIDENT: The clause that I am looking at says:
PN40
An eligible casual employee employed by their current employer on or prior to 1 January 1998 shall be entitled to parental leave under the term of the award as of 15 October 2001.
PN41
MS KELLY: That is correct.
PN42
THE SENIOR DEPUTY PRESIDENT: Yes, and that has changed from the draft that was circulated, has it?
PN43
MS KELLY: Yes, the draft that was circulated was 4 July. Where 15 October is inserted here in the two last paragraphs, it was 4 July 2001.
PN44
THE SENIOR DEPUTY PRESIDENT: Yes.
PN45
MS KELLY: 4 July 2001 and 4 July 2002.
PN46
THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Kelly.
PN47
MS KELLY: These are the only changes to the draft orders that were circulated to the award parties. The award parties have all been provided copies of the documents handed up with the exception of the amended form of the draft order which they have received today. The wording in the draft order mirrors the clause in the final order, print 907289, issued by Senior Deputy President Acton on 1 August 2001, save for the dates amended to the date of today's hearing.
PN48
Your Honour, the award parties were first notified of the application to vary on 27 September and then again on 2 October. They were advised that in the absence of any response, the ANF would request that the Commission grant the variation to the awards in the terms of the draft order with an operative date of today, 15 October. Your Honour, given the changes to the draft orders are only minor, we would request that the Commission grant the applications.
PN49
THE SENIOR DEPUTY PRESIDENT: Yes, could you just give me the print number of the order made by Senior Deputy President Acton again please.
PN50
MS KELLY: 907289.
PN51
THE SENIOR DEPUTY PRESIDENT: 289?
PN52
MS KELLY: Yes.
PN53
THE SENIOR DEPUTY PRESIDENT: Thank you.
PN54
MS KELLY: If the Commission pleases.
PN55
THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Kelly. Mr O'Malley.
PN56
MR O'MALLEY: Thank you, your Honour. Your Honour, the HSUA supports the ANF application in this matter and this application will actually precede or pre-empt applications made by the HSUA to vary our own awards. There is no other comments we would like to make at this point.
PN57
THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr O'Malley. Mr Rahilly.
PN58
MR RAHILLY: Thank you, your Honour. The application has been the subject of consideration by clients of my organisation and they have no difficulty with the application being granted. It is understood that it substantially, if not entirely, reflects the decision of the Full Bench that Ms Kelly referred to and with the alterations to the last couple of paragraphs, we would support the application.
PN59
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Rahilly.
PN60
MS BERTRAM: Your Honour, the clients of Jenny Fraumano and Associates also support the ANF application. We have no objections to the granting of this application and with the changes made, we would support the variation being submitted. Thank you.
PN61
THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Bertram.
PN62
MS BOYLE: If the Commission pleases, we have no objection to the application being made today.
PN63
THE SENIOR DEPUTY PRESIDENT: Mr Eberhard.
PN64
MR EBERHARD: Your Honour, with respect to the changes being made from 4 July to 15 October in each of ANF1, VECCI would not oppose the applications sought by the ANF.
PN65
THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Eberhard. In that case it seems that I can make the variations. Each of the awards will be varied in accordance with the draft order that is part of exhibit ANF1 in each of those applications. On that basis, the Commission will be adjourned.
ADJOURNED INDEFINITELY [10.20am]
INDEX
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URL: http://www.austlii.edu.au/au/other/AIRCTrans/2001/2946.html