D2000/600, Transcript of Proceedings [2001] AIRCTrans 468 (3 April 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

D NO 20006 OF 2000

APPLICATION UNDER SECTION 204 BY
CPSU RE APPLICATION FOR CONSENT TO
ALTER ORGANISATIONS ELIGIBLE RULES

SYDNEY

10.57 AM, MONDAY, 19 MARCH 2001

PN1

THE SENIOR DEPUTY PRESIDENT: Can I have the appearances in this matter, please?

PN2

MR D. PERKINS: If it please the Commission, I appear for the CPSU.

PN3

MS S. BELLINO: If it please the Commission, I appear on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union. May it please the Commission.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Perkins, what's the position with this matter?

PN5

MR PERKINS: Thank you, your Honour. This is an application by the CPSU to seek leave to amend its rules to cover dental therapists in Victoria who have historically been restricted to the public sector and there's been a change to the dental legislation in Victoria and it's led to the application being made. As your Honour is aware, there's only one objector in this matter and I understand that the LHMU does not pursue that objection. There is a complication, however, your Honour, and that is that there is an extant demarcation order in Victoria that I'd like to tender a copy of.

PN6

THE SENIOR DEPUTY PRESIDENT: Have you any idea what the print number of that one is? It seems to have been cut off the top.

PN7

MR PERKINS: Yes, it does, I'm sorry about that. I'm sorry about the markings on the document, too.

PN8

THE SENIOR DEPUTY PRESIDENT: That's all right, because it's not a copy of the print I'll mark it as CPSU 1. It's an order of the Commission dated 17 November 1993.

EXHIBIT #CPSU 1 ORDER OF THE COMMISSION DATED 17/11/1993

PN9

MR PERKINS: Your Honour, the reason I tendered this document is that it demarks some areas in the health sector in Victoria including dental therapists employed by the School Dental Service and that was historically where they've been employed. It's my application today that the Commission approve or consent to the alteration of the rule being sought by the CPSU and in doing so, I'm asking the Commission to take note of the provisions of section 204 subsection (5) where the designated presidential member is empowered to accept an undertaking from the organisation seeking the alteration that the designated presidential member considers appropriate to avoid demarcation disputes.

PN10

The undertaking that I'm authorised to give to the Commission on transcript today is that the CPSU were this rule change application to be approved, won't seek to enrol persons who are subject to the application whilst ever the demarcation order that's been tendered as CPSU 1 is in force. It's our submission, your Honour, if that were done that there should be no impediment to the Commission making the rule change as sought.

PN11

THE SENIOR DEPUTY PRESIDENT: The demarcation order goes for the SPSF exclusive rights or at least in relation to the HSUA exclusive rights to cover dental therapists employed by the School Dental Service, is that right.

PN12

MR PERKINS: That's correct

PN13

THE SENIOR DEPUTY PRESIDENT: In relation to dental therapists otherwise employed, if they were, they would have fallen under paragraph 1, would they and the HSUA would have exclusive -

PN14

MR PERKINS: I think that's correct, but the truth is, I'm not actually sure that there are any dental therapists other than dental therapists employed in the School Dental Service.

PN15

THE SENIOR DEPUTY PRESIDENT: Or were.

PN16

MR PERKINS: Or were, yes.

PN17

THE SENIOR DEPUTY PRESIDENT: I gather from the application that's changed or the legislation has changed.

PN18

MR PERKINS: Yes, that's correct.

PN19

THE SENIOR DEPUTY PRESIDENT: Be that as it may, the HSUA is not an objector to this application in any event. Have you anything further to say on this in relation to the application?

PN20

MR PERKINS: No, your Honour.

PN21

THE SENIOR DEPUTY PRESIDENT: I hear Ms Bellino first.

PN22

MS BELLINO: Thank you, your Honour. The LHMU filed an objection because we have coverage of dental therapists in our rules. However, subsequent discussions with the Victorian branch secretary, I've discovered that we have an exchange of coverage with the HSUA for dental therapists in Victoria so on that basis and given that this application only seeks to extend to Victoria, the LHMU withdraws our objection to this application. If it please the Commission.

PN23

THE SENIOR DEPUTY PRESIDENT: Mr Perkins, what I think I should do in relation to the matter is consider what's been put to me by you. If I have any difficulties in relation to the matter, I will contact your organisation with a view to seeking where the matter should go from there.

PN24

MR PERKINS: Thank you, your Honour.

PN25

THE SENIOR DEPUTY PRESIDENT: Otherwise, I'll deal with the application on the basis that at the moment there's no outstanding objection. Is there anything else for the record in relation to that matter?

PN26

MR PERKINS: No, your Honour.

PN27

THE SENIOR DEPUTY PRESIDENT: That matter is adjourned on that basis, effectively me having reserved my position as to how the matter should be dealt with and the Commission itself is adjourned until 11.30.

ADJOURNED INDEFINITELY [11.04am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #CPSU 1 ORDER OF THE COMMISSION DATED 17/11/1993 PN9