C3205/600, Transcript of Proceedings [2002] AIRCTrans 1995 (4 June 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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TRANSCRIPT OF PROCEEDINGS


O/N VT04103

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER GAY

C No 32056 of 2000

THE POLICE ASSOCIATION

and

VICTORIA POLICE FORCE

Application under section 170LW of the Act
for settlement of dispute re non payment of
millennium payment to various members

MELBOURNE

3.40 PM, TUESDAY, 21 MAY 2002

Continued from 20.5.02

PN243

THE COMMISSIONER: Yes, and Mr Kennedy, you appear with Mr Kent for the Association in your special capacity as representing Mr Mallett and through him - - -

PN244

MR KENNEDY: 10,300 - - -

PN245

THE COMMISSIONER: - - - 10,000 members of the Force. And Mr Watson, you appear with Mr Patterson for the Victoria Police Force. Well, in this matter we have - the recent hearing in this matter, indeed, as recent as yesterday, where there has been - the matters in dispute have been ventilated very fully and an approach commended itself, I think, quite properly to the parties, that the interpretative issue which has arisen and been quite a difficult issue for the parties to contend with stemming from Commissioner Holmes' recommendation and statements made by him at the time of the dealing - final dealing with the millennium issues, was agreed by the parties to be, once again, put to Commissioner Holmes in order to ensure that there is no irresolution as to the meaning of the agreement and his explanatory comments at the time.

PN246

We have had a conference earlier this afternoon where there has been - following an opportunity by the Association to put forward its view, and following earlier, Commissioner Holmes being given the opportunity to read in full the contentions and the background material provided by the parties to me. There was an elucidation given - sought and given by the Commissioner which deals with the question of the opportunity to avail of an availability allowance in the circumstances that had earlier been described to the Commission.

PN247

On the basis of what is put in the conference by the Commissioner I am able to indicate that this matter is decided and resolved on the basis of the construction of entitlements contended for by the Victoria Police Force. And the construction is, I have been reminded, is for application of the final - according to the final paragraph of point 4 of the millennium agreement of 24 December signed by Mr Kent and the then Chief Commissioner. That concludes these proceedings. We will now adjourn.

ADJOURNED INDEFINITELY [3.45pm]