C2001/5541, Transcript of Proceedings [2001] AIRCTrans 3149 (20 November 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 1088

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2001/5541

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act
by the Independent Education Union of
Australia to stop or prevent industrial
action

MELBOURNE

12.30 PM, FRIDAY, 2 NOVEMBER 2001

PN1

MR W. FRIEND: I seek leave to appear as counsel on behalf of the Australian Independent Education Union.

PN2

MR S. WOOD: I seek leave to appear on behalf of the respondent.

PN3

THE SENIOR DEPUTY PRESIDENT: I expect there is no objection so leave is granted in both cases.

PN4

MR FRIEND: Thank you, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Friend.

PN6

MR FRIEND: Your Honour, thank you for the time this morning, we have managed to resolve this issue and in some respects broader issues. I am able to inform your Honour that the parties have entered into terms of settlement, the nature of which is confidential. But I should also say that as a result of that the union is withdrawing its application for an order pursuant to section 127 of the Workplace Relations Act which is C Number 2001/5541, and shall not press the notification of dispute in C Number 2001/5357.

PN7

Now, there were two aspects of that dispute notification and an award sought in respect of that. One was the reinstatement of the three employees. That, obviously, is subsumed in the settlement. There was also a more general issue concerning dispute resolution between the parties. I am instructed that that will not be pressed on that C number, however, of course, the union does not bind itself not to raise the matter as it seems appropriate to it in the future in relation to the employer and it is understood between the parties that the union can do that as and when it sees fit. I am also instructed - - -

PN8

THE SENIOR DEPUTY PRESIDENT: And that would be by way of separate application if - - -

PN9

MR FRIEND: A separate notification - - -

PN10

THE SENIOR DEPUTY PRESIDENT: - - - and when the occasion arose.

PN11

MR FRIEND: - - - when the occasion arises. I am instructed that the union proposes to, as a result of the matters arising out of this, seek to have some discussions with the employer to try and deal with this issue, but if it does arise it will come by way of a separate dispute notification although it is also understood that the union may seek to rely on these events in relation to that more general question against the subject of this matter.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes, well, hopefully, discussions between the parties will obviate the need for any further proceedings.

PN13

MR FRIEND: Yes. Thank you, your Honour.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, well, from that, I take it that the dispute notification in C2001/5357 from your perspective can be treated as closed and you have indicated the union has withdrawn the section 127 application in C2001/5541. I take it, Mr Wood, that you have no objection to the dispute notification being treated as closed and the withdrawal of the 127?

PN15

MR WOOD: No, Senior Deputy President.

PN16

THE SENIOR DEPUTY PRESIDENT: Yes. Is there anything further you wish to put on the record?

PN17

MR WOOD: No.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Thank you for that. I am pleased that the parties have reached some resolution between them of matters arising in the context of both the section 99 and the section 127 and the 99 file will be closed as will the section 127 file on the basis that it has now been formally withdrawn. I will now adjourn.

ADJOURNED INDEFINITELY [12.34pm]