BP2002/1353, Transcript of Proceedings [2002] AIRCTrans 1062 (2 April 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
DX1344 Sydney Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

BP2002/1353

APPLICATION FOR TERMINATION
OF BARGAINING PERIOD

Application under section 170MW of the
Act by State Transit Authority of New
South Wales for orders to suspend or
terminate bargaining period in
C No 22757 of 1999

SYDNEY

11.53 AM, FRIDAY, 15 MARCH 2002

PN1

THE COMMISSIONER: Could I have the appearances, please?

PN2

MR S. ROTHMAN: If the Commission pleases, I seek leave to appear for State Transport.

PN3

MR I. LATHAM: If the Commission pleases, I appear for the union.

PN4

THE COMMISSIONER: Thank you, Mr Latham. Nobody has an objection. Proceed, Mr Rothman, it's your application.

PN5

MR ROTHMAN: If the Commission pleases, as a result of notification by the union of its intention to take industrial action in relation to matters associated with the reaching of an agreement over wages in the STA, the STA yesterday, last night, made application to the Commission under section 170MW of the Workplace Relations Act, and faxed to the union a copy of that application. As a result of some discussions that occurred following our application to the Commission and its being brought on this morning for which, I might add, we would like to thank the Commission given the urgency of the matter for bringing it on the manner which the Commission has.

PN6

There has been some discussion between the parties, and as a result of that discussion, the industrial action which required the urgency for the 170MW to come on today, has, we understand it, been called off. I will leave that to my friend to deal with, who, as I understand it, has an application to make in relation to our 170MW application.

PN7

THE COMMISSIONER: Yes, Mr Latham?

PN8

MR LATHAM: Commissioner, if it please the Commission, my friend is correct. The industrial action for Monday and Tuesday has been called off, and I have instructions to formally withdraw the notices of intended industrial action for those two days. What we seek, though, is an adjournment so that we can properly prepare our response to the application by the STA for the termination of a bargaining period. We will be opposing that. We will want evidence called by the STA in support of their application, we're not going to simply accept assertions by them, and we think that hearing will probably take about two days. We were hoping to get some indication from the Commission as to the availability of the Commission for that hearing date or those hearing days, and would seek an adjournment until those two days.

PN9

THE COMMISSIONER: Mr Rothman, do you want to respond to that?

PN10

MR ROTHMAN: There are two matters. The urgency of the application under 170MW doesn't totally dissipate by the withdrawal by my friend of instructions of the notice of intention to take industrial action. It is still a matter that is both important and urgent to the STA, for whom I appear. The immediate urgency goes away because with my friend's withdrawal from the intention to take industrial action, any industrial action that would be taken would be unlawful and actionable and the like and would not be protected action, and given that there is the withdrawal of notice of intention to take industrial action and, realistically, lawful industrial couldn't be taken in the time sought by my friend, we don't object to an adjournment to allow my friend to prepare the matter as he sees fit.

PN11

My friend says that he is not prepared to accept the assertions. Most of them or course are matters that have been before the Commission in a variety of ways over the immediate past period, but there is obviously, and the Commission would be aware of it, a difference between dealing with a matter when there is impending industrial action the next working day and dealing with a matter when there isn't.

PN12

The STA is keen to ensure that their application is processed appropriately both with expedition and strongly before the Commission. I don't know, because my friend hasn't informed us precisely how long he says he would need to prepare the matter, but I'm assuming we're talking about a week, not any longer time, and I certainly, from our part, wouldn't have instructions to agree to an adjournment longer than, say, Monday week or that sort of timing, and obviously subject to the Commission's availability.

PN13

THE COMMISSIONER: We will go off record on that issue.

PN14

MR ROTHMAN: If it pleases.

PN15

THE COMMISSIONER: Do you want to say anything more before we go off the record?

PN16

MR ROTHMAN: Yes. We would need leave to have liberty to apply to the Commission on short notice if matters arise which would need the urgent attention of the Commission, but otherwise we have nothing further to add.

PN17

THE COMMISSIONER: Thank you, Mr Rothman. The dates we have set for the conference are 27 and 28 March in Sydney starting at 10 o'clock, and notices will go out accordingly from my office to that effect. However, in the impending period, each of the parties, no matter what application we're looking at, that they try and resolve the dispute.

PN18

MR LATHAM: Commissioner, perhaps just before we go, we are a bit baffled as to who the STA may or may not call as a witness. It might be useful if statements be exchanged beforehand or material at least exchanged beforehand.

PN19

THE COMMISSIONER: Yes, I think it's a good idea, at least the parties will know where they're going from there. Do you want to set a timetable?

PN20

MR LATHAM: I think that would be useful. Perhaps Thursday of next week for the STA material, and we'll endeavour to have ours returned to the STA by Tuesday or Wednesday.

PN21

MR ROTHMAN: Tuesday is the day before the hearing.

PN22

MR LATHAM: Sorry, make it Monday.

PN23

THE COMMISSIONER: Is that all right with you, Mr Rothman?

PN24

MR ROTHMAN: Yes.

PN25

THE COMMISSIONER: Well, that will be the date set for the exchange and I reiterate, what application I'm looking at, 1341 or 129 or 1353, if the parties could try and reach settlement on this matter. If they do reach settlement you ought to notify the Commission accordingly, and if there is any need to help in the intervening period I'll try and fit into any time I have got next week. This Commission stands adjourned.

ADJOURNED UNTIL WEDNESDAY, 27 MARCH 2002 [12.03pm]