C2002/3282, Transcript of Proceedings [2002] AIRCTrans 2690 (16 July 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT04711

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

C2002/3282

THE COMMUNITY AND PUBLIC
SECTOR UNION

and

JOINT SERVICES DEPARTMENT

Notification pursuant to section 99 of the Act
of a dispute re the failure by the Joint Services
Department to comply with clause 10 of the
agreement

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

MONDAY, 1 JULY 2002

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [11.35am]

PN1

THE COMMISSIONER: I have conferred with the parties and I propose to now issue a recommendation. The CPSU has notified the Commission pursuant to section 99 of the Workplace Relations Act of an alleged industrial dispute concerning the restructuring of the numbers of the staff of Members of the Parliament of Victoria. At this stage I am going to make a recommendation for the consideration of the parties. To begin, the CPSU should consider whether or not this is a matter properly raised under section 99 or section 170LW of the Act.

PN2

The issue appears clear, that is, whether or not clause 10 of the agreement gives employees and the CPSU a right to be consulted when change is contemplated rather than at a time after a decision has been made. At first blush there is some force to the position advanced by the CPSU. I invite the President and the Speaker of the Parliament to reflect on the agreement that they have reached with their employees and the CPSU and which was certified by the Commission on 23 May 2002. It is important that agreements are honoured.

PN3

The employees and the union have raised a serious matter going to the integrity of the agreement. This is a matter which I think the parties should earnestly consider. If there is any doubt about the proper application of the agreement the Commission can resolve that matter so that the parties may then act in accordance with their agreement. I am going to invite the parties to consult and also I am going to invite Mr Aird to consult with the presiding officers to consider the future course of action that should be taken.

PN4

In the interim it would be appropriate that no prejudicial action be taken against employees until this important matter is resolved. I will sit at 9.30 tomorrow to hear a report back on the outcome of those considerations. Thank you. I will adjourn the matter until 9.30 tomorrow.

END OF EXTRACT [11.38am]