C2001/6159, Transcript of Proceedings [2002] AIRCTrans 1323 (19 April 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT03452

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GAY

C2001/6159

NURSES (VICTORIAN MEDICAL
CENTRES AND CLINICS)
(ROPING-IN NO 1) AWARD 2001

Application under section 113 of the Act by the
Australian Nursing Federation to vary the above
award concerning respondency

MELBOURNE

10.35 AM, MONDAY, 21 JANUARY 2002

PN1

MR P. GILBERT: I appear for the Australian Nursing Federation.

PN2

MS J. FRAUMANO: I seek leave to appear for Box Hill Gardens Medical Centre and Taeburn Specialist Medical Centre.

PN3

THE COMMISSIONER: Yes, all right. Mr Gilbert, do you say anything about the application for leave?

PN4

MR GILBERT: We don't oppose that, Commissioner.

PN5

THE COMMISSIONER: Yes. Leave is granted, Ms Fraumano. Mr Gilbert, would it be of benefit to have a conference before we go any further with this matter?

PN6

MR GILBERT: It might save a lot of parties some discussion, yes, would be helpful just for a moment.

PN7

THE COMMISSIONER: Thank you. You concur, Ms Fraumano?

PN8

MS FRAUMANO: Indeed.

PN9

THE COMMISSIONER: We will go off the record.

OFF THE RECORD

PN10

THE COMMISSIONER: We have had the benefit of a short conference in this matter. Mr Gilbert, perhaps you can sum up for the record what the position is that emerges.

PN11

MR GILBERT: Thank you, Commissioner. The matter relates to a dispute finding in 31799 of 1996 in which a number of those employers subject to that dispute finding were roped into the - or via the Nurses (Victorian Health Services) (Roping-in) Award No 3 of 2000 were roped into the terms of the Nurses (Victorian Health Services) Award. Subsequent to that a further award of the Commission was made in respect of medical clinics whose terms are designed specifically for the operation of medical clinics.

PN12

As a result of that award being made there was a further consent roping-in award made in respect to medical centres that were subject to the terms of the general award applying to hospitals and nursing homes in Victoria and they were moved from that award to the Nurses (Medical Centres and Clinics) Award. Inadvertently two of those employers were not medical centres within our normal understanding of the term and were in fact day procedure centres. It was a term of the roping-in award that the award would not apply to the employment of nurses in day procedure centres and to the extent that occurred that occurred in error on the ANFs part.

PN13

We, therefore, seek that the order made making those two employers, Box Hill Gardens Medical Centre and Taeburn Specialist Medical Centre, a party or a respondent to the Nurses (Medical Centres) (Roping-in) Award, we would seek that that be reversed and that they remain subject to the terms of the Nurses (Victorian Health Services) Award, Roping-in No 3 Award of 2000. If the Commission pleases, that is all that we seek and we apologise to the Commission for the error resulting in this situation and we would be happy to provide to the Commission orders to give effect to what we seek.

PN14

THE COMMISSIONER: Yes, thanks, Mr Gilbert. Ms Fraumano.

PN15

MS FRAUMANO: Thank you, Commissioner. We would support the submission made by Mr Gilbert. Both the employers concerned were unaware of the change in the award status. Both employers have enterprise agreements that are underpinned by the Nurses (Victorian Health Services) Award 2000 and would support the application for an order to maintain them within that award and to remove them from the Medical Clinics Award. If the Commission pleases.

PN16

THE COMMISSIONER: Yes, thanks, Ms Fraumano. Well, subject to seeing the draft orders that the ANF will provide I wish to indicate that I will, firstly, vary the Nurses (Victorian Health Services) (Roping-in No 3) Award to have inserted in schedule A the two medical centres named and that order, when it is issued, will take effect from 29 January 2001 and operate for a period of six months.

PN17

And also an order which will, when properly drafted reflect the second of the draft orders that was put forward today, will have the effect of varying the Victorian Medical Centres and Clinics Roping-in No 1 Award 2001 to have the Box Hill Gardens Medical Centre and Taeburn Specialist Medical Centre removed. And that order will operate, when it is issued, from 29 January in the year 2001 and continue in force for a period of six months. We will now adjourn.

ADJOURNED INDEFINITELY [10.55am]