C0038/499, Transcript of Proceedings [2002] AIRCTrans 140 (7 January 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 1863

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOLMES

C No 00384 of 1999
C No 34235 of 2000

NEWTOWN CHILDREN'S SERVICES
AWARD 1994

Review under section 51, item 51,
schedule 5, Transitional WROLA Act
1996 re conditions of employment

APPLICATION TO SET ASIDE AN AWARD

Application under section 111(1)(f) of the Act
by the Australian Liquor, Hospitality and
Miscellaneous Workers union to vary or revoke
an award

MELBOURNE

10.43 AM, TUESDAY, 18 DECEMBER 2001

PN1

MS V. ILIAS: Yes, Commissioner, I appear on behalf of the ALHMWU.

PN2

THE COMMISSIONER: Thank you. I should have asked you in relation to the last two matters, I gather that you received some advice from one of the organisations that they were going to appear; is that correct?

PN3

MS ILIAS: Yes, just briefly this morning - - -

PN4

THE COMMISSIONER: Yes.

PN5

MS ILIAS: - - - who was appearing on one of the notifiers that they would not be attending tomorrow in relation to the setting aside,

PN6

THE COMMISSIONER: And from what organisation was he?

PN7

MS ILIAS: Commissioner, that was from the Victorian Hospital Industrial Association.

PN8

THE COMMISSIONER: Thank you very much. Having deflected you, if I could now get you to address me in relation to these matters please.

PN9

MS ILIAS: Yes, Commissioner. In relation to directions that had been made by yourself in having discussions with the Newtown Children's Services Centre prior to today's hearing, I first sent a letter to Mr Webb who was on the notification as - to be notified about this. He is from Advance Employment Strategies. He, my understanding is, sent a letter to the Commission saying that he no longer dealt with this centre and I would presume that you have a copy of that. I am quite happy to - - -

PN10

THE COMMISSIONER: Yes, I do, thank you.

PN11

MS ILIAS: Okay. I have a copy of that letter. In turn I then - the union faxed the coordinator of the Newtown Children's Services Centre offering them the opportunity to have discussions with us prior to today's hearing, but I have no received any return phone calls in relation to this. It is my understanding that an application was made to set aside this award around 2000, August of 2000.

PN12

THE COMMISSIONER: Yes.

PN13

MS ILIAS: And we would be seeking to have that dealt with today.

PN14

THE COMMISSIONER: Yes, certainly. So if you could just address me in relation to that application.

PN15

MS ILIAS: To be honest, Commissioner, I have not got a copy of that setting aside. My understanding is that they have been roped-in to the Children's Services Award.

PN16

THE COMMISSIONER: I will just show you the application.

PN17

MS ILIAS: Thank you, Commissioner. The application was made on the grounds that they were a single respondent of the award. Apart from the ALHMWU, the Newtown Children's Services Centre has been made a respondent to the Children's Services (Victoria) Award 1998 and, therefore, we would seek to have it set aside under 113.

PN18

THE COMMISSIONER: And do I take it that those people that you represent, or your organisation represents are party to, or your organisation is party to, the roping-in award?

PN19

MS ILIAS: I believe so, yes, yes, Commissioner.

PN20

THE COMMISSIONER: Thank you. Well, in relation to that application to set aside, the course of action I propose is to write to the Newtown Children's Service and indicate that I have heard the application and that it is my intention to set it aside unless they wish to - and give them an opportunity, or that organisation an opportunity to address me on that question.

PN21

I will set a time limit so that will require a response from them by 11 January and if I have not received it by then any response from them, then I propose to grant the application. If I do receive a response which is in agreement, well, I will - once I have received that, I would proceed to grant the application.

PN22

If another view is expressed, then I will provide a copy of that to your organisation with a view to seeing whether there is a need to relist the matter to hear further submissions. So in light of that, I do not propose to proceed to do any more in relation to the section 51, item 51, schedule 5 notification, a listing made on a motion of this Commission and adjourn both matters sine die.

ADJOURNED INDEFINITELY [10.48am]