D2000/300, Transcript of Proceedings [2001] AIRCTrans 627 (18 April 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

D NO 20003 OF 2000

APPLICATION UNDER SECTION 204 BY THE
AUSTRALIAN LIQUOR, HOSPITALITY AND
MISCELLANEOUS WORKERS UNION FOR CONSENT
TO ALTER ELIGIBILITY RULE

SYDNEY

10.08 AM, MONDAY, 2 APRIL 2001

CONTINUED FROM 24.01.01

HEARING CONTINUING

PN31

THE SENIOR DEPUTY PRESIDENT: Good morning everyone, I think I'll take appearances again, it's wise to keep a record of appearances in matters such as rules matters, I think.

PN32

MR S. BELLINO: If it please the Commission, I appear on behalf of the Australian Liquor Hospitality Miscellaneous Workers Union, Union of Employees, if it please the Commission.

PN33

MR D. PERKINS: if it please the Commission, I appear om behalf of the CPSU.

PN34

MR D. WAINWRIGHT: I appear for the Construction, Forestry Mining and Energy Union.

PN35

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Wainwright. I might indicate that I have received a letter from Mr Birrell, National Industrial Officer of the AWU, which advises the Commission that due to an unexpected matter he is unable to appear. He is in receipt of correspondence from the LHMU dated 13 December 2000, detailing a proposed undertaking in order to satisfy our concerns with the LHMUs rule change. In light of the proposed undertaking the AWU will formally withdraw its objection to the rule change when the documents have been signed. Ms Bellino?

PN36

MS BELLINO: Thank you, your Honour. I might start with the AMU. We have forwarded correspondence to the AMU which basically deals with the coverage in Queensland which was the area of concern. It seeks to reaffirm the section 118A order as to the coverage between the two parties in Queensland, and on the basis of that undertaking we believe that that should settle all the concerns of the AWU.

PN37

In relation to the CEPU, the LHMU sent a draft memorandum of agreement offering a section 204 undertaking, and we are awaiting a reply from the CEPU. I did have discussions with Mr Benfell from the CEPU about two weeks ago and he seemed to indicate that that should settle all of their concerns, I left a message for him last week, but I will chase that up with the CEPU because we believe that that undertaking should settle their objections.

PN38

In relation to the CPSU, we have had a number of discussions. There has been correspondence sent between the parties and we believe that we will be able to settle the objections subject to drafting. There is one particular clause, an area of coverage which is still outstanding, but subject to the two parties getting together and redrafting that particular clause, we believe that that will settle the objections of the CPSU.

PN39

In relation to the AMA, I believe that we settled the issues raised by the AMA by agreeing to in subclause (b) of our application on page 8, including the words "excluding medical practitioners".

PN40

THE SENIOR DEPUTY PRESIDENT: Yes, that was raised on the last occasion, wasn't it?

PN41

MS BELLINO: That's correct, your Honour.

PN42

THE SENIOR DEPUTY PRESIDENT: Have they formally withdrawn their objection?

PN43

MS BELLINO: I don't believe that they have formally withdrawn their objection. I believe that they confirmed in writing that that would settle their objection, but I don't have any correspondence on file which formally withdraws their objection, so I can contact Mr McDougall from the AMA and ask for that to occur.

PN44

In relation to the SDA, we've still received no contact from the SDA and no response to the union's letter inquiring as to what their objection to our application is. I understand from the last report back that the directions were issued to the SDA of today's hearing and if they're not here we're still none the wiser as to what their objection to our application is, if there really is any, at this stage.

PN45

In relation to the SDA, I mean, I propose to send them another letter asking them either to withdraw their objection or inform us as to what the detail of it is as we're close to settlement with almost all of the parties. The final union that we've been negotiating with is the CFMEU, and we believe that we have partially settled the objections of the CFMEU in a number of places. The parties did meet last Thursday, 29 March, with our national secretaries present in attempt to settle their objection in full. At this stage we have been unable to do so.

PN46

The LHMU received further correspondence from the CFMEU early last Friday, and we responded to that correspondence very late last Friday, so we have been unable to progress from last Friday's correspondence, but on the basis of further discussions we are unable to settle the objection of the CFMEUs at this stage. While we will continue to discuss and hopefully settle their objection, we are always optimistic, it appears at this stage they are the only organisation we'll be unable to settle with and we would seek that this matter be set for programming.

PN47

Discussions with Mr Wainwright from the CFMEU we believe that something like six weeks for them to file, six weeks later for the LHMU to file our submissions, and then a further two weeks for reply at this stage, your Honour.

PN48

THE SENIOR DEPUTY PRESIDENT: Thanks, Ms Bellino. Mr Perkins?

PN49

MR PERKINS: The situation is as Ms Bellino has indicated to the Commission, whilst I suppose the impossible can happen, we expect that we will settle and it should be a matter of no more than a week or so.

PN50

THE SENIOR DEPUTY PRESIDENT: Thanks, Mr Perkins. Mr Wainwright?

PN51

MR WAINWRIGHT: Thank you, your Honour. Again, Ms Bellino has accurately summarised what has occurred between the CFMEU and the LHMU. The meeting on Friday between Mr Geoff Lawrence and Mr John Sutton was productive, but we could not overcome one final area of objection in relation to water supply and sewerage and drainage in Western Australia and South Australia where basically the difficulty the two unions have goes to the form of either an undertaking or an exception to the application. We're still hopeful that we can come to an agreement over that, but I agree with Ms Bellino that we should get some directions today as to programming.

PN52

THE SENIOR DEPUTY PRESIDENT: Help focus the mind, too, Mr Wainwright.

PN53

MR WAINWRIGHT: Help focus the mind and put it in the diaries, but also I think one thing to clarify that we're seeking that the submissions take the form of written witness statements and so forth. Thank you, your Honour.

PN54

THE SENIOR DEPUTY PRESIDENT: Well, that completes the report. We'll go off record.

SHORT ADJOURNMENT [10.18am]

RESUMES [10.19am]

PN55

THE SENIOR DEPUTY PRESIDENT: A timetable has been discussed with the parties to this matter. It will be reduced to a formal direction. The dates have been discussed and settled, and the dates that issue in the formal direction will not differ from those that have been arranged this morning. The matter is formally adjourned to a hearing date of 16 July 2001 at 10 am in Sydney. I adjourn this matter accordingly, I adjourn the Commission until 2 pm this afternoon.

ADJOURNED UNTIL MONDAY, 16 JULY 2001 [10.20am]