C2002/445, Transcript of Proceedings [2002] AIRCTrans 1317 (18 April 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2002/445

MEDIA ENTERTAINMENT AND
ARTS ALLIANCE

and

NATIONAL RUGBY LEAGUE LIMITED

Notification pursuant to section 99 of the Act
of a dispute re wages and working conditions

SYDNEY

10.38 AM, THURSDAY, 4 APRIL 2002

Continued from 21.3.02

Hearing Continuing

PN74

THE SENIOR DEPUTY PRESIDENT: Yes, well the matter is listed for further argument this morning, Mr Ryan.

PN75

MR RYAN: Just that I think, Ms Patterson, may want to put something to you, your Honour. Just to say two things from arising out of the last hearing date, I faxed to your chambers the statutory declaration of Christopher Warren concerning the two issues that you raised in the previous hearing. I also provided to Ms Patteron on Tuesday the documents that I was able to dig up either through the information technology system manager's skills on my email.

PN76

So there is a bundle of documents concerning discussions, if you like, and meetings last year, and I also provided along with that copies of some other documents which were an unregistered agreement between the Alliance and the National Basketball League concerning basketball referees. The collective agreement between the Australian Football League and the Australian Football League Umpires Association Corporated. A draft of an agreement we are seeking with the New South Wales Rugby League. A report by the Australian National Training Authority of July 1999 concerning, believe it or not, the range of skills and duties of a rugby league referee and other people associated with rugby league.

PN77

As I said, a copy of the current referee touch judge video referee registration from with the National Rugby League Limited, and I sent some emails from myself to referees, your Honour. So on that basis she didn't require Mr Warren to be present this morning and on that basis I think it may be appropriate that Ms Patterson address the Commission.

PN78

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Yes, Ms Patterson?

PN79

MS PATTERSON: Thank you, your Honour. As Mr Ryan has indicated we were provided with the material by the MEAA on Tuesday afternoon. We've now considered that material, the statutory declaration of Mr Warren and also the submissions made by Mr Ryan on the previous occasion. On the basis of that material my client has instructed that they will not consent to a dispute finding being made but that they will not raise any material in opposition to a dispute finding and it is our submission that it is a matter for the Commission in those circumstances having looked at the material. Thank you, your Honour.

PN80

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Patterson. I have looked at the material and I've also refreshed my mind on the most recent case which I think is Lampsoon in relation to dispute findings. In this matter having regard to the material filed I am satisfied that there is in existence an industrial dispute between the Media, Entertainment and Arts Alliance on the one part and the National Rugby League Limited on the other part.

PN81

The subject matter of that dispute are those matters set out in a letter of demand and log of claims served by the Media, Entertainment and Arts Alliance on 4 February 2002 on the National Rugby League Limited. I'm satisfied the dispute exists throughout the Commonwealth. I will formally make a finding to that effect and place the finding on file. The question now, Mr Ryan, is what do you want me to do, do you want a direction to confer is that the appropriate - - -

PN82

MR RYAN: I think that would be appropriate, your Honour. Just having regard to when we sought to have talks with the NRL about an agreement I think that it would be appropriate that two things we would seek, your Honour. One would be a direction for the parties to confer and we would then seek a date convenient to yourself, no earlier than six weeks, your Honour, if you're keeping the files or the files will be assigned to another member of the Commission for a report back to the Commission on the outcome of those talks.

PN83

THE SENIOR DEPUTY PRESIDENT: When does six weeks take us to roughly?

PN84

MR RYAN: I think we're talking mid-May.

PN85

THE SENIOR DEPUTY PRESIDENT: We will make it on 22 May, subject to everybody's availability. It will be for a report back only and it will be before me at this stage.

PN86

MR RYAN: Thank you, your Honour.

PN87

THE SENIOR DEPUTY PRESIDENT: Unless there is nothing further I direct the parties to confer in relation to the subject matter of the industrial dispute and I'll hear the parties for a report at 10.30 am in Sydney on Wednesday, 22 May. The matter will adjourned until that time.

ADJOURNED UNTIL WEDNESDAY, 22 MAY 2002 [10.45am]