C2001/5465, Transcript of Proceedings [2001] AIRCTrans 3064 (14 November 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

C2001/5465

THE COMMUNITY AND PUBLIC
SECTOR UNION

and

UNIVERSITY OF SYDNEY

Application under section 170LW of the Act
for settlement of dispute re Performance
Management and Development (PM&D) Scheme

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

SYDNEY

MONDAY, 29 OCTOBER 2001

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [5.10pm]

PN1

THE SENIOR DEPUTY PRESIDENT: The Commission issues the following statement in an endeavour to assist the parties implement clause 37 of the University of Sydney General Staff Enterprise Agreement 1999-2002.

PN2

Clause 37 states:

PN3

Performance Management and Staff Development

PN4

The University will introduce a Performance Management and Staff Development System during the life of this agreement and will consult with the union on its development and implementation.

PN5

The key concepts in the clause, for present purposes, are "will introduce", "consult" and "union". "Will introduce" means that by the nominal expiry date of the agreement the university will have in place a Performance Management and Staff Development System. "Consult" has the meaning ascribed to "consultation" in clause 44 of the agreement. A definition of "consultation" is:

PN6

"Consultation" means a process by which the parties exchange information about a matter or issue, hold discussions to explain points of view and take into account the views of the other party or parties. "consultation" does not necessarily mean that an agreement can be reached. if agreement is not reached reasons will normally be given.

PN7

That process should be completed prior to introduction of change although, because of the reference to "development and implementation" in clause 37, that is to be in the context of an ongoing or stage of introduction.

PN8

"Union" in clause 37 is only satisfied if it is the union or unions which nominate its representative or representatives for consultation. It is noted that there are outstanding issues raised in respect to both the CPSU and the NTEU.

PN9

A response to these should be given before the next stage of the system is introduced. This does not mean that stages which have been introduced should be withdrawn.

PN10

I adjourn the matter generally. The parties have liberty to apply. I would ask that Auscript prepare an extract of transcript so that those comments can be forwarded to the parties tomorrow. I adjourn the matter indefinitely.

END OF EXTRACT [5.15pm]