C2001/6143, Transcript of Proceedings [2002] AIRCTrans 2626 (12 July 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

C2001/6143

RAIL INFRASTRUCTURE CORPORATION

and

COMMUNICATIONS, ELECTRICAL, ELECTRONIC,
ENERGY, INFORMATION, POSTAL, PLUMBING
AND ALLIED SERVICES UNION OF AUSTRALIA

Notification pursuant to section 99 of the Act
of a dispute re stop work meeting by electrical
staff on 5 December 2001 concerning freeze
on job vacancies etcetera

SYDNEY

2.16 PM, WEDNESDAY, 26 JUNE 2002

Continued from 11.4.02

Hearing Continuing

PN278

THE COMMISSIONER: Any changes to appearances, please?

PN279

MS N. KERR: If it please the Commission, I appear for the CEPU.

PN280

THE COMMISSIONER: Thank you, Ms Kerr. Mr Bomford or Ms Kerr, who wants to go first? Mr Bomford?

PN281

MR BOMFORD: Thank you, Commissioner. May I say welcome back and good to see you in such good health. It's nice to have you back.

PN282

THE COMMISSIONER: Thank you, Mr Bomford, that's appreciated.

PN283

MR BOMFORD: Commissioner, I can report that the parties met on 16 April to progress the matters that had been before the bench. If I may I should indicate that Mr Carcary and I agreed that I would put together a letter that set out all the matters that we've been dealing with and where they were at. I had advised your associate during your absence that I had written to Mr Carcary, but unfortunately Mr Carcary hasn't responded to me, as yet, to indicate that the letter that I wrote on behalf of both the organisations was correct for me to sign it off to forward in by mail.

PN284

So that hasn't happened, but I have a copy of that letter here which I would just tender for the purposes of today's proceedings, just to indicate where we are at and if Ms Kerr could maybe report back to Mr Carcary after today that we have discussed these issues and if it was appropriate, mainly it's a minor change or modification, that we come back to the Commission.

PN285

THE COMMISSIONER: Okay, do you want that made as an exhibit?

PN286

MR BOMFORD: I don't think so, under the circumstances, Commissioner. Whilst the matters contained therein, the principles are agreed between us, the detail isn't. So, Commissioner, the letter just sets out that we did meet on 16 April and 13 May, I should say. I list in the letter the six issues that we discussed. We had a further meeting wherein we addressed the apprentices and there's some detail on the first and second page of the letter in relation to apprentices and the action list arising from those discussions, recommendations etcetera.

PN287

The letter goes on to give some detail on all the other issues that are between us. In terms of the report back, that's as much information as I can provide today, Commissioner.

PN288

THE COMMISSIONER: Okay, thank you, Mr Bomford. Ms Kerr?

PN289

MS KERR: Commissioner, firstly let me apologise for my brief instructions. Mr Carcary is actually in another area of the State and is not contactable.

PN290

THE COMMISSIONER: I thought you were going to say he's attending a board meeting at the training college.

PN291

MR BOMFORD: Commissioner, you might remember before you went away we were about to start the enterprise agreement report back to all the staff and Mr Carcary is involved in the roll out of the enterprise agreement to the staff all around the State, so they're into week two or three at the moment.

PN292

THE COMMISSIONER: Yes, he's probably needed more there than here. Yes, Ms Kerr, I accept your apology.

PN293

MS KERR: Thank you, Commissioner. The instructions I have is that there has been a little progress since the last time there was a report back, particularly in the issue of training. Mr Carcary has informed me that he is hopeful of movement towards a resolution and has respectfully requested a report back in a month again.

PN294

THE COMMISSIONER: All right. Have you got any objection to a further report back, Mr Bomford?

PN295

MR BOMFORD: No, Commissioner, that would give time for Mr Carcary and I to finalise this letter. You will notice in the last page of the draft that the parties agreed that although there were some issues still outstanding with respect to appointments, training and staff, we could defer any future Commission proceedings at this time on the basis that either party could seek a report back or seek a relisting as required.

PN296

THE COMMISSIONER: How's our intermediary going with his job functions? Is he being snowed under still?

PN297

MR BOMFORD: He has been very busy, yes. I understand everything is more or less proceeding.

PN298

THE COMMISSIONER: Okay, well, we'll just go off record very quickly and see if we can manage to reach a common date.

SHORT ADJOURNMENT [2.22pm]

RESUMES [2.23pm]

PN299

THE COMMISSIONER: It has been agreed with the parties the next hearing on this matter for report back will be Tuesday, 6 August, at 11.30 am and the parties will be advised accordingly. No further matters? I'll adjourn on this to the agreed date.

ADJOURNED UNTIL TUESDAY, 6 AUGUST 2002 [2.25pm]