D2001/24, Transcript of Proceedings [2002] AIRCTrans 1431 (1 May 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT03496

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

D2001/24

APPLICATION UNDER SECTION 204(1) BY
HEALTH SERVICES UNION OF AUSTRALIA
FOR CONSENT TO ALTER ORGANISATIONS
ELIGIBILITY AND INDUSTRY RULES -
RULES 2A(AA)(1) AND 3A(AA)(1)

MELBOURNE

1.00 PM, MONDAY, 15 APRIL 2002

PN1

MR D. LANGMEAD: I seek leave to appear for the HSUA.

PN2

MR B. O'BRIEN: I appear for the Australian Services Union.

PN3

MR M. BLAKE: I appear for the Australian Nursing Federation.

PN4

THE SENIOR DEPUTY PRESIDENT: Is there any objection to the application for leave to appear?

PN5

MR O'BRIEN: No, your Honour.

PN6

THE SENIOR DEPUTY PRESIDENT: Leave is granted, Mr Langmead.

PN7

MR LANGMEAD: Your Honour, this rule is essentially about deleting an exemption in the HSUA's rules in respect of social workers in community health. The Commission has on file, I think, three objections, of which two are represented here today. The HSUA would, depending on the Commission's availability, wish to set out some sort of a timetable today and it might be that we need to work backwards from the Commission's availability for a hearing date. In essence, we had in mind perhaps four weeks for the objectors to prepare outlines of submissions and witness statements with perhaps two weeks for the HSUA to reply and the matter then be listed for hearing, so I guess we are asking if the Commission is available some six or so weeks from now, we could, as I say, work back from that.

PN8

THE SENIOR DEPUTY PRESIDENT: Mr Langmead, has there been any discussions with the objectors with a view to resolving the objections?

PN9

MR LANGMEAD: No discussions as such.

PN10

THE SENIOR DEPUTY PRESIDENT: Mr O'Brien.

PN11

MR O'BRIEN: Thank you, your Honour. The ASU would welcome the opportunity to have some discussions with the HSUA on this matter initially. I did actually try to get together with Mr Rob Elliot, the National Secretary who is briefing Mr Langmead, but unfortunately other people at the branch level were unable, at that time, to get together, and they are the ones that have got the background to this. It only involves the state of Victoria. But if Mr Langmead could perhaps indicate to the Commission when Mr Elliot might meet, well I suggest that is a starting point to consider when we may be able to have a report back and then set directions.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Blake.

PN13

MR BLAKE: Your Honour, thank you. Similarly, the Australian Nursing Federation would welcome discussion with the applicant in regard to resolving the issues that we have raised. We wrote to Mr Elliot on 5 February seeking that those discussions take place. To the best of my knowledge, we have not received a response. We are open to discussions with the HSUA and we are confident that our concerns can be resolved throughout those discussions. On that basis, your Honour, we will not be supporting, at this stage, insofar as we are concerned, the setting of directions as to the preparing of statements and so on, if the Commission pleases.

PN14

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Langmead.

PN15

MR LANGMEAD: I have nothing further to add, your Honour.

PN16

THE SENIOR DEPUTY PRESIDENT: Well it is my view that there should be discussions between the parties before we proceed any further with the matter, to see if we can resolve the objections or at least narrow them, so what I will do is direct the HSUA to have discussions with the ASU, the ANF and the CPSU with a view to resolving the objections and I will list the matter for report back and I will go off the record now to set a date for that report back.

OFF THE RECORD [1.06pm]

RESUMED [1.06pm]

PN17

THE SENIOR DEPUTY PRESIDENT: I will list this matter for report back at 1.00 pm on 13 May 2002 here in Melbourne. I will now adjourn until that date.

ADJOURNED UNTIL MONDAY, 13 MAY 2002 [1.06pm]