C2001/4035, Transcript of Proceedings [2002] AIRCTrans 2052 (6 June 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

C2001/4035

FINANCE SECTOR UNION

and

COMMONWEALTH BANK OF AUSTRALIA

Notification pursuant to section 99 of the
Act of an alleged dispute over the abolition
of the position of employee and attempts to
redeploy her

C2001/5495

FINANCE SECTOR UNION

and

COMMONWEALTH BANK OF AUSTRALIA

Application under section 170LW of the Act
re alleged dispute over the abolition of the
position of an employee and attempts to redeploy her

C2001/6557

COMMONWEALTH BANK OF AUSTRALIA

and

FINANCE SECTOR UNION

Application under section 111(1)(g) of the Act
re the Commission to refrain from hearing matters
C2001/5495 and C2001/4035

SYDNEY

9.33 AM, FRIDAY, 24 MAY 2002

Continued from 23.1.02

Hearing Continuing

PN124

THE COMMISSIONER: Yes, can I have the appearances, please.

PN125

MR P. GINTERS: If the Commission pleases, I appear on behalf of the FSU and Ms Davis.

PN126

MS J. LEE: If it please the Commission, I appear on behalf of the respondent and I seek leave to appear.

PN127

THE COMMISSIONER: As a solicitor?

PN128

MS LEE: Yes.

PN129

THE COMMISSIONER: Mr Ginters you are in the same boat so leave is granted. Yes, Mr Ginters, where are we?

PN130

MR GINTERS: I can bring the Commissioner up to speed for want of a better word. This matter I think was last before the Commission earlier this year and there was some debate about a section 111 application that the respondent Commonwealth Bank was making or it proposed to make, and what we'd envisaged at that point of time was a timetable for the filing of some evidence in relation to that application.

PN131

Since that point in time, Commissioner, the parties have been in some discussions with a view to attempting to resolve the matter, those discussions are ongoing and what we would I think jointly be asking the Commission for is for this matter to be stood over for a period of four weeks to allow those discussions to continue. I think the expectation is that the matter will either be resolved within four weeks or it won't be resolved within four weeks.

PN132

In the unfortunate circumstance that it is not resolved in that four week period I would envisage we'd be inviting the Commission to re-establish a timetable for the hearing and determination of the section 111 application. I think if it is of any assistance, Commissioner, four weeks would take us to Friday 21 June.

PN133

THE COMMISSIONER: Yes, I see.

PN134

MR GINTERS: To the extent that it is necessary, Commissioner, perhaps also a direction or an order that the previous timetable in relation to filing of material be formally vacated.

PN135

THE COMMISSIONER: Where was that timetable setting out - - -

PN136

MR GINTERS: It was set way back I think in January.

PN137

THE COMMISSIONER: Yes, just interrupting you, yes. At the end of proceedings paragraph 124, 20 February by the FSU, 20 March by the CPA is that right?

PN138

MR GINTERS: That sounds about right, Commissioner. I can indicate that that evidence has not been filed because whilst it is somewhat protracted there have been discussions ongoing and the Commission may well be aware there is a fair bit of litigation going on between the parties in various courts and tribunals.

PN139

THE COMMISSIONER: Yes, thank you.

PN140

MR GINTERS: Thank you, Commissioner.

PN141

THE COMMISSIONER: You will advise, and I'll leave it to the applicant in the main matter to advise the Commission as to the status of things by about 21 June.

PN142

MR GINTERS: Most certainly. We're envisaging that we perhaps have the matter listed for report back if that suits the Commission's convenience. If it doesn't, or if the Commission preferred not to adopt that course we would be happy to advise the Commission by letter on or about that date.

PN143

THE COMMISSIONER: Yes, I think it would be better if we advised and if it necessary to then issue directions and we might be able to do that easier by phone or otherwise.

PN144

MR GINTERS: That may well be the case.

PN145

THE COMMISSIONER: I mean, I think we've resolved how to do it just that it has now been pushed back so it is a matter of reactivating those dates.

PN146

MR GINTERS: We will take a note of that, Commissioner, and we'll arrange to advise the Commission by written correspondence by 21 June as to the status of the matter.

PN147

THE COMMISSIONER: Thank you, Mr Ginters. Yes, Ms Lee?

PN148

MS LEE: Commissioner, we agree that the matter be stood over to 21st.

PN149

THE COMMISSIONER: Yes, thank you. On that basis these proceedings are now adjourned. The Commission will hear from the parties and particularly from the FSU and Ms Davis as to the progress of discussions with the bank and that will reveal either the matter has been settled or that it needs to proceed to formal arbitration and if that is the case the Commission will take steps to consult with the parties and arrange for ongoing dates. On that basis these proceedings are now adjourned, thank you.

ADJOURNED UNTIL FRIDAY, 21 JUNE 2001 [9.37am]