C2002/3220, Transcript of Proceedings [2002] AIRCTrans 2861 (25 July 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER ROBERTS

C2002/3220

MISSION AUSTRALIA

and

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE,
CLERICAL AND SERVICES UNION AND
ANOTHER

Notification pursuant to section 99 of the
Act of a dispute re refusal to attend medical
examinations

SYDNEY

4.10 PM, THURSDAY, 11 JULY 2002

PN1

THE COMMISSIONER: I'll take appearances.

PN2

MR A. BRITT: If the Commission pleases, I appear for MR J. MORRISSEY for Mission Australia. I seek leave to appear.

PN3

MR J. PIOTROWSKI: I appear for the Australian Services Union and we have not consented to the solicitor appearing on behalf of the client.

PN4

THE COMMISSIONER: Do not consent?

PN5

MR PIOTROWSKI: No.

PN6

THE COMMISSIONER: Mr Britt, tell me why you should be here, in brief, please?

PN7

MR PIOTROWSKI: First of all, I'm mean counsel, not a solicitor, but my friend Mr Morrissey is a solicitor. We do this on the basis of section 43 subsection (3)(b). The Commission will note from the dispute notification under section 99, it raises the issue of a medical examination and the requirement for a particular employee to attend a medical examination. The raises issues in relation to the inter relationship between the relevant award provisions in the CETSS Award and the provision in the employee's contract of employment.

PN8

We say that these are novel issues and as a result of that, Mission Australia's position in respect to this dispute is such that it's desirable that they be legally represented in these proceedings. Furthermore, we say that the provision of legal representation in this matter will ensure that this matter proceeds one, today and proceeds smoother than it may otherwise proceed. They're our submissions in a nutshell, Commissioner.

PN9

THE COMMISSIONER: It may, of course, only do one of the two but we'll see. Mr Piotrowski?

PN10

MR PIOTROWSKI: Thank you, Commissioner. Mission Australia is a substantial organisation. They've got an entire human resource department and indeed the head of that department is here today. We believe at this stage, instead of getting into great technical legal argument, we can possibly sit down and work through the differences to reach a settlement and indeed we've been endeavouring to do that just recently.

PN11

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Piotrowski. As I intend to adjourn this matter into conference to see if we can nut it out together, at this time I'll reserve on the issue of legal representation for Mission Australia. We'll come back to it should the matter go further but I believe that Mr Britt and Mr Morrissey's attendance at any conciliation proceedings would be helpful. So on that note, if it's okay with the parties, we'll adjourn into conference.

NO FURTHER PROCEEDINGS RECORDED [4.13pm]