D2002/1, Transcript of Proceedings [2002] AIRCTrans 2171 (13 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04222

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

D2002/1

APPLICATION UNDER SECTION 204(1) BY
NATIONAL TERTIARY EDUCATION INDUSTRY
UNION FOR CONSENT TO ALTER ORGANISATION'S
ELIGIBILITY RULES

OBJECTIONS THERETO

MELBOURNE

11.07 AM, THURSDAY 30 MAY 2002

Continued from 15.5.02

PN16

MS S. ROBERTS: I appear on behalf of the National Tertiary Education Industry Union.

PN17

MR T. VEENENDAAL: I appear for the Australian Liquor Hospitality and Miscellaneous Workers Union.

PN18

MR D. PERKINS: I appear for the CPSU. On the last occasion I think this matter was before the Commission Mr Perica appeared.

PN19

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you. Ms Roberts, where is the matter at?

PN20

MS ROBERTS: Thank you, your Honour. The NTEU has reached an agreement with the LHMU in this matter which has been signed by the LHMU and which will be signed by the NTEU. We understand the LHMU has withdrawn its objection to our application on that basis however it is appropriate to perhaps draw your Honour's attention to one aspect of that agreement. A memorandum of understanding has been developed and I understand sent through to you but perhaps if I could just hand up a copy of that.

EXHIBIT #NTEUI MEMORANDUM BETWEEN THE NTEU AND THE ALHMWU

PN21

MS ROBERTS: Thank you, your Honour. That agreement is - it is not conditional between the parties but it is conditional on the Commission's approval in one important respect and that is, as part of the settlement, the NTEU agrees to alter the word "catering" appearing in rule 6.2A to the word "hospitality" and that change is not included in the gazetted advice of the rule change. We submit that while the change can be seen to affect the scope of the proposed extension, at least syntactically, we would submit that the agreement records that the change from the word "catering" to "hospitality" reflects only a change in industry usage since the rule was first written and that it has no other effect.

PN22

We would submit that if the Commission was to approve the agreement and out of an abundance of caution were to record the intention of the agreement in its decision then it would be clear that there would be no person to which the change from catering to hospitality would render eligible for membership that were not already so eligible or vice versa. So if your Honour accepts our submissions in that respect then we would simply seek to provide the Commission with the signed copy of that memorandum of agreement by tomorrow's date.

PN23

THE SENIOR DEPUTY PRESIDENT: Well I suppose looked at from one point of view, if anything, it would be an expansion of an exclusion and in that way could not be seen as expanding the application. Now in my view I don't see there is any need for any further advertising of the application. I see that as allowing me to grant the application in part.

PN24

MS ROBERTS: Thank you, your Honour. Perhaps if I could now move to the objection made on behalf of the CPSU. The CPSU can make submissions in relation to this but I am advised that it is more likely than not that we will now reach a similar settlement with the CPSU save that there will be no alteration to the rule as with the LHMU's objection and because of that we would seek the opportunity to similarly submit a written agreement perhaps in the next week or so and in the unlikely event that agreement were not reached, seek to have further hearing but otherwise not to have a further hearing in the matter unless the Commission desires one.

PN25

If it please the Commission, those conclude my submissions.

PN26

THE SENIOR DEPUTY PRESIDENT: So if - subject to receiving the signed copy of the agreement with the ALHMWU and similarly in due course an agreement between your organisation and the CPSU, you would seek to have me proceed to deal with the matter and rely upon the statements filed in support of the application.

PN27

MS ROBERTS: Yes, your Honour.

PN28

THE SENIOR DEPUTY PRESIDENT: Mr Veenendaal.

PN29

MR VEENENDAAL: Thank you, your Honour. I can support what Ms Roberts is saying on behalf of the NTEU. It goes without saying obviously when you are referring to NTEU1 that a memorandum of agreement has in fact been reached and has been signed by the General Secretary of my organisation, Mr Lawrence, and at part 3 of that memorandum of agreement it states that the LHMU agrees to withdraw its objection. On that basis, your Honour, I simply seek leave to be excused from any further hearing of the matter in respect to the other objectors. Thank you, your Honour.

PN30

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Perkins.

PN31

MR PERKINS: Yes, your Honour. It is probably more accurate to say that it is more probable than not that the CPSU won't pursue its objection in this matter but we are in a process of consultation with branches and I will know, I will have a response, I must have a response, I propose within seven days and then either we will advise that we are no longer pursuing the objection or in the alternate that there remains a difficulty from the organisation's point of view; that the matter be brought back on for programming.

PN32

THE SENIOR DEPUTY PRESIDENT: Well I think what the appropriate approach, subject to hearing from any parties to the contrary, for me to do would be to list the matter again. If, as seems to be suggested, agreement is reached with the CPSU and the CPSU withdraws its objection, it can so in writing in the meantime and I would then, unless I have got some difficulties with the technicalities relating to the application that vacate that future listing and just deal with the matter without the need for a further hearing.

PN33

Mr Veenendaal, assuming there is a signed version of NTEU1 provided to the Commission, then there will be no need for your organisation to be further represented at any further hearing unless it feels the necessity to - there is a necessity of its part to attend. So what I will do is, as I have indicated, await confirmation from the CPSU as to its position but in the meantime I will list the matter at 10.15 on 28 June for report and possible programming but that date will not need to - or that hearing will not need to proceed if everything goes in the way in which the parties expect it to or anticipate it will. Is there anything else for the record at this stage?

PN34

MS ROBERTS: No, we have no further submissions, your Honour.

PN35

THE SENIOR DEPUTY PRESIDENT: Well the matter is adjourned on that basis. The Commission itself is adjourned.

ADJOURNED ACCORDINGLY [11.16am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #NTEUI MEMORANDUM BETWEEN THE NTEU AND THE ALHMWU PN21