C2001/4805, Transcript of Proceedings [2001] AIRCTrans 3090 (14 November 2001)

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:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 1025

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOLMES

C2001/4805
C2001/5380

MUSICIANS' HOTELS AWARD 1982

Application under section 113 of the Act
by Musicians' Union of Australia to vary
above award re travel allowance

MUSICIANS' HOTELS AWARD 1982

Application under section 111(1)(g) of the Act
by Australian Hotels Association to dismiss or
refrain from hearing re C Number 4805/2001

MELBOURNE

11.06 AM, TUESDAY, 30 OCTOBER 2001

Continued from 11.9.01

THE FOLLOWING MATTER WAS HEARD VIA VIDEO LINK-UP AND RECORDED IN MELBOURNE

PN31

MR R. MIMMO: I seek leave to appear for the Australian Hotels Association and with me to my left is MR D. EDMONDS, Human Resources Manager for the AHA.

PN32

MR T. NOONE: I appear for the Musicians' Union of Australia.

PN33

THE COMMISSIONER: Thank you. Do you have any objection to Mr Mimmo's appearance?

PN34

MR NOONE: No, Commissioner.

PN35

THE COMMISSIONER: Leave is granted, Mr Mimmo.

PN36

MR MIMMO: Commissioner, with respect to the application on section 111(1)(g) the AHA withdraws that as a result of what happened this morning and, incidentally, on behalf of the parties I have been requested to offer an apology to you for the delay in coming to these proceedings. We were before Commissioner Raffaelli on a matter relating to the Musicians' Hotels Award and that is what delayed us. Now, it was before Commissioner Raffaelli that the AHA was also asked to advance its arguments in support of its application on section 111(1)(g) and despite whatever eloquence was brought to that argument, Commissioner, Commissioner Raffaelli wasn't persuaded and decided to dismiss that application. Now, in light of that, it seems pointless to run the same argument before you, Commissioner, with respect. I doubt that you would be persuaded either in light of what Commissioner Raffaelli's decision was. That being the case, I would seek leave of the Commission to withdraw the section 111(1)(g) application, Commissioner.

PN37

THE COMMISSIONER: Thank you. Mr Noone, do you have any views you wish to express in relation to that application?

PN38

MR NOONE: No, Commissioner. I am perfectly happy with the way things are proceeding.

PN39

THE COMMISSIONER: Fine. Well, leave is granted, Mr Mimmo. Thank you.

PN40

MR MIMMO: Thank you, Commissioner.

PN41

THE COMMISSIONER: If we could now turn to the application by the Musicians' Union of Australia concerning the travelling allowance. Mr Noone, if you might address me on that, please.

PN42

MR NOONE: Yes, Commissioner. As I recall, I have handed you draft orders with this some time earlier. That was done according to the process laid out by a previous decision of the Commission and similar to that done in the other awards, the Musicians' General Award and the Musicians' Opera and Ballet Award, so given that it is via that process, I think it is appropriate that that variation to the travel allowance be made now. Thank you, Commissioner.

PN43

THE COMMISSIONER: Mr Mimmo, do you have a view about that?

PN44

MR MIMMO: My instructions with respect to that draft order, Commissioner, is that we would not oppose that draft order.

PN45

THE COMMISSIONER: Thank you. Well, in light of that, the application is granted. Is there a need for my Associate to provide you with a copy of the order as I propose to issue it for comment, or can I move on the basis that the draft wording is agreed and I will issue it with the necessary format changes later today?

PN46

MR NOONE: Yes, I am happy with that, Commissioner.

PN47

MR MIMMO: No, we don't need a copy, Commissioner.

PN48

THE COMMISSIONER: Fine. Well, thank you. In light of that, the application is granted. I am satisfied that it is consistent with the principles of this Commission and I will issue that later today. My Associate will forward to you by mail and also by e-mail a copy of the order once it is signed and sealed.

PN49

MR MIMMO: Thank you, Commissioner.

PN50

MR NOONE: Thank you, Commissioner.

PN51

THE COMMISSIONER: Thank you, gentlemen. This matter is adjourned.

ADJOURNED INDEFINITELY [11.10am]