C2001/2710, Transcript of Proceedings [2001] AIRCTrans 3024 (9 November 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

C2001/2710

NATIONAL TERTIARY EDUCATION
INDUSTRY UNION

and

JAMES COOK UNIVERSITY

Application under section 170LW
of the Act for settlement of dispute
re types and modes of employment - for
report

SYDNEY

4.30 PM, WEDNESDAY, 24 OCTOBER 2001

Continued from 28.9.01

Hearing continuing

PN319

THE SENIOR DEPUTY PRESIDENT: Good afternoon to you both and I note that on this occasion Mr Tilbrook appears for the university and Ms Cencig for the NTEIU. The matter is in the list for report and I am not quite sure whom I should ask to begin. Ms Cencig, you are the applicant in the matter so perhaps I will come to you first.

PN320

MS CENCIG: Thank you, your Honour. We have received a copy of the document from the AHEIA and my understanding was that there were to be meetings up in Townsville but unfortunately due to illness and other matters they never transpired. The NTEIU is very keen to have discussions with the AHEIA on this matter and we are actually proposing that we look at setting down some meetings for Monday morning. I don't know about the availability of Peter Tilbrook, I understand that he has been ill, but according to Greg Stokie the university is quite happy to have discussions with us on Monday morning.

PN321

THE SENIOR DEPUTY PRESIDENT: What is the position, Mr Tilbrook?

PN322

MR TILBROOK: I am quite recovered now, your Honour. I am unclear as to whether the proposal by Ms Cencig was a face-to-face conference or a telephone conference and as to what venue was proposed.

PN323

MS CENCIG: We would be happy for face to face, I understood that that was an option and that the venue would be in Brisbane. We would be quite happy to make our offices available here in South Brisbane. If that is not possible we would be willing to have a teleconference.

PN324

MR TILBROOK: I am quite happy to travel to Brisbane if that's the case and would be pleased to meet if, as Ms Cencig indicates, it looks like being a profitable exercise. I am not sure, however, what the commitments of Mr Stoke or the Provost Chancellor are and I understand they are quite intimately involved in this matter but my own commitments would permit me to travel to Brisbane that morning.

PN325

THE SENIOR DEPUTY PRESIDENT: It's just a little bit up in the air, not for any fault on anybody's part but, well, it sounds as though it has been sickness in a number of cases that has prevented the meeting so far and has also flowed on to mean that this afternoon we are unclear as to just what is possible on Monday. I take it, to get one thing clear, that the Monday proposal, Ms Cencig, is for the parties to confer.

PN326

MS CENCIG: Absolutely, your Honour, and if Mr Stokie and the Provost Chancellor were happy to be in a teleconference, we would be satisfied with that.

PN327

THE SENIOR DEPUTY PRESIDENT: Yes. I don't feel like telling the parties how they should conduct their own affairs.

PN328

MR TILBROOK: I'm sure we can iron that out, your Honour.

PN329

THE SENIOR DEPUTY PRESIDENT: That's what I was hoping you would say, Mr Tilbrook. Can I leave it on the basis that there will be a meeting on Monday?

PN330

MR TILBROOK: Yes.

PN331

THE SENIOR DEPUTY PRESIDENT: Just how extensive it is is still to be sorted out by the parties and its medium is also to be sorted out by the parties but it will occur on Monday. Do you want me to keep the 30th free?

PN332

MS CENCIG: Yes, your Honour, we do, and we will advise you as quickly as possible after the meeting on Monday as to whether we will be proceeding or not.

PN333

THE SENIOR DEPUTY PRESIDENT: The 30th is the Tuesday, isn't it?

PN334

MR TILBROOK: Yes, that's right. Your Honour, if either of the contingencies that are possible occurred there would still be good reasons for the listing to proceed on the Tuesday. If there was a successful outcome the terms of the dispute settling procedure in the certified agreement require a decision by the Commission in order for the parties to be bound by the outcome of their discussions, and I'm sure Ms Cencig would wish the parties to be bound by the outcome, particularly this party, and if the other eventuality was that the parties were still apart, well, the conciliation process that the dispute resolution envisages could then proceed on the Tuesday.

PN335

THE SENIOR DEPUTY PRESIDENT: Yes, that makes sense, Ms Cencig, doesn't it?

PN336

MS CENCIG: Yes, it does, your Honour.

PN337

THE SENIOR DEPUTY PRESIDENT: My only quibble, and I call it that deliberately, is if the first happy eventuality occurs and at most it is required that the Commission make a decision or issue something which binds the parties, that can clearly be done by video, which is currently the way the matter is booked.

PN338

MR TILBROOK: Yes, that would be so, your Honour. I think that the parties should be in a position some time on Monday afternoon to let the Commission know what the situation was following their meeting.

PN339

THE SENIOR DEPUTY PRESIDENT: Yes, that would be necessary because what I've got in mind is to leave the video booking in place and if there is formal conciliation needed then to look into the prospect of travelling to Brisbane on the morning of Tuesday the 30th and returning in the afternoon or evening and cancelling the video, but air travel being what it is, I don't want to sound 100 per cent confident of getting a booking late on Monday afternoon for Tuesday morning.

PN340

MR TILBROOK: Yes, I understand what you are saying your Honour.

PN341

THE SENIOR DEPUTY PRESIDENT: So we will keep the video listing, Ms Cencig. If the worst comes to the worst and there's got to be conciliation, well, we will attempt it by way of video. Everybody has a disadvantage in that respect, including the Commission, but we can't do any better if I can't get a booking. If the parties have made such progress that they want the Commission to do something other than conciliate, to record an agreement or whatever, then we will certainly do it by video.

PN342

MS CENCIG: That sounds very reasonable and workable, your Honour.

PN343

MR TILBROOK: Yes, your Honour.

PN344

THE SENIOR DEPUTY PRESIDENT: All right, that is what we will do. I won't repeat myself, I think it's pretty clear amongst we three what is proposed. I will formally adjourn these proceedings until, currently, 9.30 Eastern Summer Time in Sydney by video on Tuesday next. That is subject to alteration if the parties advise that something else might be sought.

PN345

Thank you, good afternoon to you both.

PN346

MR TILBROOK: Thank you, your Honour.

PN347

MS CENCIG: Thank you, your Honour, good afternoon.

ADJOURNED UNTIL TUESDAY, 30 OCTOBER 2001 [4.40pm]