C2002/2578, Transcript of Proceedings [2002] AIRCTrans 2019 (5 June 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 10, MLC Court 15 Adelaide St BRISBANE Qld 4000
(PO Box 38 Roma St Brisbane Qld 4003) Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HODDER

C2002/2578

SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES ASSOCIATION

and

CNL MARKETING PTY LTD

Application under section 170LW of the Act
for settlement of dispute re treatment of an
employee

BRISBANE

11.05 AM, WEDNESDAY, 22 MAY 2002

PN1

THE COMMISSIONER: Could I have appearances please.

PN2

MR L. GILLESPIE: If the Commission pleases, GILLESPIE, L., for the Shop, Distributive and Allied Employees Association, and I have with me MISS KERRY CROSSINGHAM.

PN3

THE COMMISSIONER: I notice there's no appearance from the respondent, Mr Gillespie.

PN4

MR GILLESPIE: So it appears, Commissioner.

PN5

THE COMMISSIONER: Well, there's not much point you and I sitting here talking to one another.

PN6

MR GILLESPIE: Well, probably not, unless you required some elucidation on all of this.

PN7

THE COMMISSIONER: Well, I've read the documents.

PN8

MR GILLESPIE: Yes. Well, it should be fairly evident what the nature of our complaint is.

PN9

THE COMMISSIONER: Well it seems to me that if you can't get the mountain to Mohammed, or vice versa, your member has rights, and those rights would be a Section 170CE application.

PN10

MR GILLESPIE: Indeed.

PN11

THE COMMISSIONER: Now, that's up to you.

PN12

MR GILLESPIE: Yes. Well, we may very well have to explore that avenue.

PN13

THE COMMISSIONER: Well, you may do, but, I mean, I can't do anything - obviously if a party doesn't attend a conference or a proceeding in relation to your application under Section 170LW, it's a bit difficult for the Commission to do anything.

PN14

MR GILLESPIE: It places us all in a position of some difficulty when a party fails to respond to a notice of a compulsory conference.

PN15

THE COMMISSIONER: Yes, exactly. Well, if you want to subpoena him, the Commission can relist the matter.

PN16

MR GILLESPIE: We'll consider that prospect, Commissioner.

PN17

THE COMMISSIONER: Okay. Well, on that basis I will adjourn this proceeding at this point in time, and I will give you leave to have the matter relisted if that becomes further necessary in the context of this notification.

PN18

MR GILLESPIE: Thank you, Commissioner.

ADJOURNED INDEFINITELY [11.08am]