C0012/999, Transcript of Proceedings [2002] AIRCTrans 2124 (12 June 2002)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DEEGAN

C No 00129 of 1999
C2001/6054
C2002/2637

AUSTRALIAN GOVERNMENT EMPLOYMENT (FLEXIBLE
WORKING HOURS) AWARD 1988

Review under Item 51 Schedule 5 Transitional
WROLA Act 1996 re CTS Case Description

Application under section 113 of the Act
by the Department of Employment and Workplace
Relations to vary an award re set aside award

CANBERRA

11.12 AM, WEDNESDAY, 29 MAY 2002

PN1

THE COMMISSIONER: Yes. Same appearances, yes, right. Mr Stannard.

PN2

MR G. STANNARD: Briefly, this 113 application was lodged with the Commission on 20 May this year. It was made for and on behalf of the Minister of Employment and Workplace Relations. The application is also complementary to the two matters just heard today regarding the incorporation of allowable matters in awards caught up by the General Conditions of Service Professional Officers Association Australian Government Employment Award 1990, in the case of this application, the Australian Government Employment (Flexible Working Hours) Award 1998.

PN3

As the allowable award matters from this award have been incorporated into the new Australian Government Employment Professional Executive General Conditions of Service and Salaries Award 2002 the Commonwealth submits that the Flexible Working Hours Award no longer serves any useful purpose and accordingly it should be set aside. If it pleases the Commission.

PN4

THE COMMISSIONER: Thank you, Mr Stannard. Mr Ramsey.

PN5

MR S. RAMSEY: Commissioner, certainly from the CPSU's point of view the Flexible Working Hours Award serves no purpose for members for which we have responsibility. Ms Tutty though has an interest in this matter as may the not represented Australian Professional Engineers, Scientists, Managers Australia. They are both respondents, came to light this morning - certainly was drawn to my attention this morning. They are both respondents to the Flexible Working Hours Award. They are not respondent to the award that you just made.

PN6

So whilst the CPSU respondency and application of this award, Flexible Working Hours Award, is dealt with by that new award, there remains the question of the now ASU respondence and the now APESMA respondency. It may be the easiest way to deal with that, and Ms Tutty may have something else to say, is for that award perhaps - or that order, the application rather, for the order to lie on the table to be made in two weeks while we try and sort out that respondency. Perhaps that is all I need to say at this moment, Commissioner. Ms Tutty may have more to say.

PN7

THE COMMISSIONER: Okay. Thank you. Would you like to enter an appearance, Ms Tutty?

PN8

MS C. TUTTY: If it pleases the Commission, from the Australian Services Union Clerical and Administrative Branch. This has just come to light this morning speaking with Mr Ramsey about this. My instructions came from Melbourne from the senior industrial officer and I agree that perhaps the best way to deal with it would be the way Mr Ramsey has suggested this morning.

PN9

THE COMMISSIONER: All right. The application to set aside this award be adjourned to a date to be fixed. I will expect to hear from the parties within two weeks, whether the matter needs relisting or whether there can be some other way of dealing it.

PN10

MR RAMSEY: Yes, Commissioner.

PN11

THE COMMISSIONER: Now, letters will be sufficient to say that there is no concerns. If there still are concerns the matter will be relisted on the request of one of the parties.

PN12

MR RAMSEY: Thank you, Commissioner.

PN13

MS TUTTY: Thank you, Commissioner.

PN14

THE COMMISSIONER: Mr Stannard, your old application on this matter, since I now have two applications to set aside this award, is the 2001 application withdrawn?

PN15

MR STANNARD: Yes, Commissioner.

PN16

THE COMMISSIONER: Thank you.

ADJOURNED INDEFINITELY [11.15am]