C0007/399, Transcript of Proceedings [2002] AIRCTrans 1341 (22 April 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VTO3495

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C No 00073 of 1999
C No 00074 of 1999

CHRISTMAS ISLAND SEVERANCE
PAY AWARD 1981

CHRISTMAS ISLAND
REDUNDANCY AWARD 1981

Review under Item 51, Schedule 5,
Transitional WROLA Act 1996 re conditions of
employment

CHRISTMAS ISLAND

2.52 PM, FRIDAY, 5 APRIL 2002

PN1

THE SENIOR DEPUTY PRESIDENT: Mr Thomson, you are appearing in each of those matters for the union?

PN2

MR THOMSON: Yes, thank you, if it please the Commission.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you, Mr Thomson. You have applied for leave to intervene in the matter, Mr Cameron; is that right?

PN4

MR CAMERON: That is correct, your Honour. I am simply at the bar table to have it formally recorded that the position of Phosphates is that they do seek leave to intervene.

PN5

THE SENIOR DEPUTY PRESIDENT: Mr McCorry, you appear for the Minister?

PN6

MR McCORRY: I do, your Honour.

PN7

THE SENIOR DEPUTY PRESIDENT: Mr Thomson, what do you say about these matters?

PN8

MR THOMSON: The view of the union is that the Severance Award 1981 has restricted application. That is recognised and the parties - certainly the Christmas Island Administration and the union have been working together to identify a final arrangement. The parties are not ready yet to agree on the application of this award. In relation to the Redundancy Award we seek the agreement of the - the application of the Redundancy Award to its employees and the union doesn't see any resolution of that dispute or other disputes that may arise. The union seeks the direction of the Commission as to where these matters may next go.

PN9

THE SENIOR DEPUTY PRESIDENT: Thank you very much, Mr Thomson. Mr McCorry.

PN10

MR McCORRY: Your Honour, in relation to the Severance Pay Award the Minister acknowledges that the Commonwealth is bound by the award in respect of these and it is - and there is only one relevant provision of it and that is the pay out of the accumulated sick leave and steps are already being made to actually do that. When that has occurred - it would be appropriate that the award be set aside at least so far as the Minister is concerned and I don't know whether it is possible or not - it may be possible to do it by way of us bringing an order at a particular time. Those are my submissions in relation to the Severance Pay Award.

PN11

THE SENIOR DEPUTY PRESIDENT: Severance Award.

PN12

MR McCORRY: In relation to the Redundancy Award, again the Commonwealth acknowledges that it is bound by that and has applied to incorporate those redundancy provisions into the principal Administration Award and to the extent that the award would - the Redundancy Award would then continue to apply to other parties. It has no view on that at all but insofar as the Commonwealth is concerned it could be set aside to that extent and ..... applies to the Minister.

PN13

THE SENIOR DEPUTY PRESIDENT: I have indicated that I am going to make an order incorporating the terms of the Redundancy Award by the agreement of the parties and to the Administration - Christmas Island Administration Award. So on that basis as I understand it the Minister and the Administration have no further interest in that award; is that correct?

PN14

MR McCORRY: That is correct, your Honour.

PN15

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr McCorry. Mr Cameron, I haven't actually dealt with your application for leave to intervene in this matter and I propose to reserve that point at this time. I will hear what you wish to say but I can indicate to you that my intention would be to simply adjourn these two matters and to list them in the not too distant future for consideration and identification of who are the parties to that award and to the extent - or the extent to which it still has any - either of them still has any operative effect.

PN16

MR CAMERON: That is not opposed in any way, your Honour. The request we would make would only be that we be notified in due course of any proceedings when there is a resume.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes. Well, my associate will make a note of that and it will be recorded on the transcript and in due course when those matters are listed notice will be forwarded to Phosphates. Mr Thomson, are you satisfied with that course, that I adjourn those two matters to a date to be fixed in the not too distant future, I might add, for resolution of the issue about the parties.

PN18

MR THOMSON: Yes, thank you.

PN19

THE SENIOR DEPUTY PRESIDENT: Thank you very much, Mr Thomson. Very well, I adjourn those two matters.

ADJOURNED INDEFINITELY [2.58pm]