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Australian Industrial Relations Commission Transcripts |
AUSCRIPT PTY LTD
ABN 76 082 664 220
Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
DX1344 Sydney Tel:(02) 9238-6500 Fax:(02) 9238-6533
TRANSCRIPT OF PROCEEDINGS
AUSTRALIAN INDUSTRIAL
RELATIONS COMMISSION
SENIOR DEPUTY PRESIDENT DUNCAN
C2002/4593
APPLICATION FOR SETTLEMENT OF
DISPUTE
Application under section 170LW of the Act
by National Tertiary Education Industry Union and
Macquarie University re terms of employment
SYDNEY
2.11 PM, WEDNESDAY, 18 SEPTEMBER 2002
PN1
THE SENIOR DEPUTY PRESIDENT: Could I have appearances, please?
PN2
MS J.WELLS: I am from the NTEIU and with me is DR J.GOYEN, lecturer at Macquarie University and delegate representing the members involved. Also MS S.SIN, lecturer at Macquarie University and NTEIU delegate who has been involved in the work place matter of organisational change which impacts on this matter.
PN3
MS S. LITCHFIELD: May it please the Commission, I appear for Macquarie University. I also have appearing with me MR C.CASHMAN for the university.
PN4
THE SENIOR DEPUTY PRESIDENT: Ms Wells, I think we proceed in the ordinary fashion. I will invite the parties to put their position briefly on the record, or potentially on the record, and go into conference if the parties are willing for that to happen. Ms Wells, naturally I've read the notification and the outline of the situation that is given there. As I've said before if the NTEIU it is of some assistance as a pre-warning of what you are going to hear.
PN5
MS WELLS: Let me know if I'm going over something that you already know, hopefully not. We appear today, your Honour, to seek the assistance of the Commission to resolve this dispute which relates to the proper application of clause 603 which allows fixed term employees at Macquarie University the provisions and a mechanism through which eligible existing fixed term staff may have access to the benefits of continuing employment.
PN6
Our dispute relates to the fair and equitable application of clause 603 for all employees of Macquarie University, and specifically to enter new member Ms Marion McGill and the employees of the University Counselling and Health Service, which is a work place of Macquarie University. Ms McGill and NTEIU have been in dispute with Macquarie University previously and they sought the assistance of the Commission in relation to the correct application of the sick leave clauses of Macquarie University Enterprise Agreement in a previous matter before your Honour, C No 2001/3251.
PN7
The sick leave was taken as a consequence of Ms McGill suffering the effects of alleged place bullying, originating from the then Director of UCHS, Ms Christine Gardener. Ms Gardener has accepted redundancy and recently left the university. Upon Ms McGill's return to the University Counselling and Health Service late last year Ms McGill has had further discussions with local management in relation to her duties. Since the beginning of her 5 year fixed term contract Ms Gill has performed a majority of general counselling for students while also working in the specialist program of Matcess, which is support scheme for first year students.
PN8
During that phase of her employment prior to taking the sick leave, Ms McGill performed approximately 75 per cent of general counselling work and 25 per cent of her work time in her specialist work in the Matcess program, which is now winding down. Since Ms McGill's return to work she had worked by agreement with the university management through discussions with the NTEIU, a three day week, and reported to a different supervisor, Ms Rosemary Jones, while Ms Christine Gardener remained the Director of UCHS.
PN9
In this three day work pattern Ms McGill had what constituted the majority of her work duties after slowly returning to the work place, general counselling which she had always performed taken away from her. Ms McGill questioned her supervisor about this repeatedly, concerned that she would lose some of her skills and concerned about her future work load and classification. Ms McGill always intended to return to a full time work pattern as soon as she was able to attend to her work place free of her alleged bully and she had been advised by local management that Ms Gardener would be taking voluntary redundancy in the course of this year. On this basis she continued to talk to Ms Rosemary Jones, her supervisor, about her desire to perform her full range of duties and was assured that everything would return to normal when Ms Gardener had left.
PN10
Ms McGill is hopeful of maintaining a good relationship with her new supervisor, Ms Rosemary Jones, and continued to hope in her assurances and her support of Ms McGill's conversion to continuing employment provided for in clause 603. I say support because the clause 603 as you can see, your Honour, allows for either the head to recommend or the staff member to apply for conversion to ongoing. Given the head of a division or department really knows or professes to know the merits of any individual staff member's work and their work load. This is usually organised by the local management.
PN11
Understanding that the Director of UCHS remained Ms McGill's alleged bully, Ms Rosemary Jones was the only management representative who could support and initiate Ms McGill's conversion according to Ms McGill's view. Ms McGill and Ms Jones often discussed Ms McGill's conversion. Ms Jones herself had been converted from a 5 year contract to an ongoing position as had McGill's work mates. There are four counsellors and they have each been converted to ongoing positions having had 5 year contracts.
PN12
Ms McGill kept asking Ms Jones as to how this process would be managed and was constantly told to wait and see, being assured that everything would be fine. When the middle of the year had arrived and Ms McGill had heard along with other UCHS staff of the impending departure of Ms Christine Gardener and could see that Ms Jones was going to be acting in the new management role when this was effected and yet Ms Jones was still giving any assurances as to Ms McGill's full range of duties or her fixed term conversion, Ms McGill felt unfortunately she had no other option but to approach her union again.
PN13
NTEIU representative, Professor Judy Goyen, who is the chair of the personal cases committee for NTEIU members at Macquarie University wrote to Ms Jones on Thursday, 11 July to urgently request a meeting to resolve the dispute relating to the removal of the majority of Ms McGill's work. I have, your Honour, a copy of the initiation of discussions by the NTIEU with local management. It is a collection of e-mails and so I have got to give it to you as a group and summarise them.
PN14
PN15
MS WELLS: So on Thursday, 11 July Ms Judy Goyen writes that the union has been advised that through April, specifically, to June there was a clear direction given to staff not to provide Ms McGill with any general counselling work. In fact, there were notes taken at the counselling appointment book, etcetera, which other staff could attest to, to direct and remind people to not do this from Rosemary Jones. So we write that we have been advised that all ..... and general counselling duties have been taken off Ms McGill and as a consequence she's lost a major part of her work load.
PN16
This change completely isolated from earlier discussions on restructure proposals for the workplace has the potential to affect Ms McGill's work classification and skill level and we are greatly concerned at the prejudicial nature of the change which could de-skill Ms McGill when there remains a high work load. So we asked to have a meeting. The next e-mail is Ms Rosemary Jones saying that a meeting the next day would be fine. The next e-mail in that group says that Rosemary Jones asks to defer the meeting.
PN17
In between getting another meeting organised to resolve this issue Judy again writes to Rosemary to note that a casual has been proposed to be employed in the workplace to pick up general counselling duties and, as we have noted in previous correspondence, we wish to meet to resolve the unilateral change to Ms McGill's range of duties and we are concerned that a casual has been employed to do these duties when Ms McGill could.
PN18
I have noted there that we are asking management to cease and desist from these procedures and asking that the status quo remain until the dispute is resolved, and we hope to meet in good faith on 26 July. If we cannot meet in good faith, then we will notify a dispute. The next e-mail is Thursday, 25 July and it is from, again, Judy Goyen and it is regarding the activities in the workplace of that day and noting that we need to change - to get back to them about a meeting because while we were actually organising a meeting about the changes to her workload and duties Ms McGill, at the workplace farewell party for the Director of UCHS who has accepted a redundancy, receives this notice from her alleged bully. This is NTU - exhibit 2, thank you. Hopefully.
PN19
PN20
MS WELLS: So the letter that has been given to her by her alleged bully on the last day of her employment states that the fixed term appointment is to end, and the reason why is that - - -
PN21
THE SENIOR DEPUTY PRESIDENT: Just a moment. The letter is from Mr Cashman.
PN22
MS WELLS: That's right. But it was given - - -
PN23
THE SENIOR DEPUTY PRESIDENT: Handed over by - - -
PN24
MS WELLS: Yes, by the alleged bully, the former Director.
PN25
THE SENIOR DEPUTY PRESIDENT: I see.
PN26
MS WELLS: It advises Ms McGill that her appointment is ending and the reason is that no further appointment is being offered, it doesn't even refer to the conversion clause, is that the position is no longer needed due to changed demands and circumstances. Ms McGill was extremely shocked and upset to learn of management's intentions in this manner and NTEU wrote to Colin Cashman, Director of Personnel in relation to the continuity of work in UCHS emphasising that the discontinuance of Maxess did not at all mean that Ms McGill's position was not eligible for conversion to continuing, according to the provisions of clause 603, because the majority of Ms McGill's work was to continue and the demand for general counselling was growing substantially with the growing number and needs of students at Macquarie University.
PN27
Further, the right-hand of university's management was telling Ms McGill that the position was not going to continue and yet every communication with staff in the workplace and, indeed, to the union through managing change emphasised that the position is still there and we will be able to illustrate that. So the NTEU wrote to Colin Cashman to talk about this on Tuesday, 6 August.
PN28
PN29
MS WELLS: In this letter we note that as stated the general counselling duties have always compromised a majority of her workload. Certainly the rest of the staff had requested in staff meetings that Ms McGill pick up some general counselling, and she was eager to do so. So the direction not to perform that work was puzzling. That Ms McGill had been discussing her conversion with her supervisor and had been told to wait for further information. We also flagged here that Ms McGill was happy to return to a five day a week work pattern, so there would be no workload disruptions or organisational problems by being part-time, now that the alleged perpetrator of workplace bullying had been made redundant and left the workplace, and Ms McGill's return to work plan had resulted in her improved health.
PN30
We noted here that Ms McGill had received all increments to mark the satisfactory performance of her work, and her counselling skills had, indeed, general counselling skills, had indeed been highly praised and that all correspondence on workplace change in UCHS thus far had continued to note that the position that Ms McGill held, Equity Support Counsellor, was continuing. We asked to discuss this with university management.
PN31
We got to meet with university management on 21 August, and we presented to university management a range of information that we felt supported the practice of conversion in UCHS workplace, Ms McGill's meritorious performance and the managing change documents that we had felt illustrated the continuing position existing. I have those documents here. I am happy to go through them.
PN32
THE SENIOR DEPUTY PRESIDENT: It depends how well you wish to use your time, Ms Wells. As you know we haven't got a great deal of time this afternoon. It may be better to keep them for the conference.
PN33
MS WELLS: Yes, I am happy to do that, your Honour, because there is a lot there.
PN34
THE SENIOR DEPUTY PRESIDENT: Yes, it seems as though there is quite a collection.
PN35
MS WELLS: In summary, these documents illustrate that she had always performed a majority of general counselling through the bookings in access. Specifically in 1998 she had performed 215 general counselling sessions and 71 Maxess counselling sessions. Which gives a breakdown of general counselling being 75 per cent. In 1999 she had performed 266 general counselling sessions and 89 Maxess counselling sessions, which gave a breakdown of 74.9 general counselling.
PN36
Her performance management review had been completed and her work had been satisfactory. The only thing I would like to illustrate to you there, your Honour, is that it notes that the review of the position has not occurred. So, for instance, the fact that she has a duty statement that notes Maxess as an emphasis was not actually reviewed and should have been because from the very first time of her employment she has been performing general counselling.
PN37
As I said, the rest relates to the fact that staff continued to be advised, as had the union through managing change that those positions continued to exist. Following our first meeting the University wrote back to the NTEU to state that they did not agree with our view in a letter dated 23 August and the NTEU considers this important as it illustrates their reasoning.
PN38
PN39
MS WELLS: Thank you, your Honour. This letter discusses the range of materials that we presented to support our view and here we note a dispute as to the facts of the matter because here the University states that:
PN40
The University does not concur with the proposition that the position is or has been focussed on general counselling.
PN41
which we had stated we had evidence to illustrate that it had always been, in fact Ms McGill performed the majority of general counselling and was in the top three always of performance figures that showed the illustration of that. In the second last paragraph on the first page they further say:
PN42
Therefore the position of counsellor ...(reads)... not needed to continue.
PN43
On the second page in relation to our arguments in relation to 603 that state:
PN44
In the case of the fixed term position in question the University does not require ...(reads)... is not met.
PN45
As stated the NTEU disputes this fact. We received this letter - well, it was sent rather on 23 August. On 27 August the staff of the UCHS received from their ultimate manager, their Registrar, Brian Spencer, a proposed organisational chart which had an increase of an admin position from the earlier charts they had received throughout the year beginning in February and continuing in July which shows clearly that the Counsellor of Equity Support is to remain part of the workplace.
PN46
This is the document presented to staff and the union to confirm that this position which enables Ms McGill to convert to ongoing remains.
PN47
PN48
MS WELLS: Thank you, your Honour. On 29 August the two delegates that have been involved in the managing change discussions with UCHS local management and representatives of the University, Samantha Sinn who is here today for the NTEU and Greg Stark who is the President of the CPSU at Macquarie University wrote to Col Cashman to note the proposed changes to UCHS and stated that:
PN49
After consultation with the staff we find the proposed structure acceptable in the main.
PN50
Then they note a couple of things they would like to change which relate to reporting lines and at the highlighted paragraph 4 states:
PN51
UCHS staff believe that the service will expand to accommodate increasing needs of the University community and therefore we seek assurances that the expansion will be taken into account in the Service's budget.
PN52
So the union members of both unions in that workplace have confirmed that the positions are to remain and they accept and want to just slightly vary some of the reporting lines, nothing in relation to Ms McGill's position and - - -
PN53
PN54
MS WELLS: Thank you, your Honour. So that is our formal response to the proposal for the staffing structure of UCHS workplace. While on the other hand, after our second disputes committee meeting which was held on 28 August where we had again put our evidence to Mr Cashman and Ms Litchfield and again requested to resolve the matter according to the application of clause 6, again on 28 August while we have confirmed those positions Col Cashman writes to us to say that they see that their actions conform to the rights and responsibilities under the agreement and that is the need for the fixed term position in question was reviewed and there was a decision taken that there is not an ongoing need for the position.
PN55
And that they confirmed that the dispute resolution procedures of clause 14 have been completed in relation to the dispute about the end of the fixed term appointment of Ms McGill to the position of counsellor, Equity Support, first year students. So this is what they have noted on the one hand while on the other hand confirming to us that it continues to exist. Thanks very much.
PN56
PN57
MS WELLS: Thank you, your Honour. We remain unsure as to why this decision has been made in relation to the individuals, Ms McGill but this dispute relates to all employees in the UCHS and also to the provision of clause 603 which provides fixed term employees for conversion to ongoing employment. If the University will not be consistent and clear with the NTEU and their staff as to - and we feel honest - as to the capacity for positions to continue, then employees will never be able to use that clause which there are unfortunately far too many fixed term employees at Macquarie University who could really enjoy the benefits of that clause.
PN58
It talks about a time frame for employment which Ms McGill has met; it talks about performance which Ms McGill has met. We know that the needs of that area are ongoing and in fact the University continues to say it. Staff in that area feel so strongly about this that they have all talked to us about it and have offered to write statutory declarations to the effect that they have been told that that position continues to exist and that no changes or reductions in staffing will occur for any of those counsellor positions and again there is only two, two marked as general and two marked as specialist. In that chart - so I have two stat decs here but I'll just offer one at the moment because they're very similar. I've better have his signature.
PN59
PN60
MS WELLS: And I won't read through all the detail, your Honour, but what Mr Wickenden wanted to emphasise is the manner in which they had all been converted from 5 year fixed term contracts to ongoing positions. And what he notes is that he has worked with her from about mid '97 and worked together. He particularly wanted it noted that he had observed the interactions between Ms McGill and the director and didn't feel that Ms McGill had been treated equitably or according to university code of conduct or protocols. Particularly he wanted to note that because that's strongly felt in the workplace.
PN61
But at 6, specifically notes that:
PN62
Approximately 5 weeks before the expiry of my second fixed term employment contract ...(reads)... lead to a continuing appointment.
PN63
He provided it and he was made continuing. Yet never asked his supervisor how that occurred. They've all been assured that their 5 year fixed term contracts would be converted to ongoing, it was an assumption in the staff discussions and in their organisation of workload in the workplace. So he did nothing special to organise that conversion, in fact this is exactly the process in which the supervisor, Rosemary Jones, was converted.
PN64
He understands that Ms McGill's position has been identified as ongoing in the latest workplace organisational chart. He believes that it's important to maintain. He certainly notes that with the restructure there has been no discussion about her not appearing, that he has raised in staff meetings his concern that Ms McGill's skills are not being appropriately utilised, and that she should be performing general counselling, and that she's an experienced general counsellor having had a significant requirement for such in her workload prior to the period of sick leave. That this need will only increase, and that as of 12 September he had not received any formal advice from management that the position occupied by Ms McGill was not to be, it was to be discontinued, and he believes it's important to have the ability to convert like the other employees have experienced in the workplace.
PN65
I have another stat dec which outlines those same points. I won't actually submit it at this stage. If necessary we can do that in arbitration and the staff people have indicated a willingness to discuss that in the Commission.
PN66
So as per our dispute notification, your Honour, we are empowered to be here under clause 14. We are concerned that there is an equitable provision of the provisions of clause 603 in the UCHS workplace. We are concerned that there may be ulterior motives behind the fact that an employer is saying to Ms McGill that there is no position and yet every other piece of evidence says that that position will continue.
PN67
We believe there is a fundamental dispute as to the facts of that matter and also obviously there's a dispute as to the facts of the percentage of Ms McGill's workload. While we suspect that the employer has disputed that percentage is that if they wanted to vary just slightly the position of equity support which continues to be in the organisation charts, and in fact in the advertised position for director, it outlines - and I have that copy here as well which we illustrated to management which was advertised in August - states that that director of counselling which is superior to Ms McGill's position, a requirement of that job is to actually supervise the two specialist and two general counselling positions which continue, is that if they were to vary it even a little Ms McGill would still be appropriate as per clause 603 for that position and still have the ability to seek conversion to that position because it wouldn't be any different than the reality of her working life for the last 5 years.
PN68
We therefore have sought the assistance of the Commission to resolve this dispute and we would seek a recommendation along the following lines: That as Macquarie University recognises the ongoing counselling work within the UCHS workplace correctly applies clause 6 of the agreement and allows Ms McGill to apply for conversion to the counselling position identified as ongoing in the workplace structure proposals.
PN69
Your Honour, we hope for the assistance of the Commission to resolve this dispute. Certainly all the UCHS staff and union members hope that that position as defined as continuing can be properly applied to Ms McGill and the opportunity for their workload demands to be eased. The proper application of clause 6 to be equitably applied to all of their staff, and to continue building their workplace. Thank you.
PN70
THE SENIOR DEPUTY PRESIDENT: Very well. Ms Litchfield?
PN71
MS LITCHFIELD: Thank you, your Honour. I have some brief submissions and I would like to tender just a small number of documents if I may starting with a bundle that refers to the structure of the position in question today.
PN72
PN73
MS WELLS: May I draw the Commission's attention to the first paragraph of the top page in that bundle, sir, and it may provide some helpful background information to the work situation that's being discussed in this dispute. This is a specialist psychology position to support a programme called MAQCESS and I will clarify that that is not an acronym in the usual sense that we might recognise an acronym. It is a special Macquarie University word that means Macquarie Access.
PN74
The programme that this position is concerned with is one that uses psychological skills, professional skills of that kind to provide support for students who are admitted to the University without the perhaps normal credentials for first year admission and the programme is designed to provide assistance to make more likely the educational success of those students. So that's the purpose for which the job was created some years ago. Ms McGill is not the first occupant of the position, however she has occupied it since 1997 originally on a locum basis and then following this advertisement, and her own response to this advertisement and her participation in a selection process.
PN75
She was appointed for a fixed period of five years and if I may refer the commission to the part of this advertisement, this is the text of the advertisement in question that from the outset made a promise of five years of employment and made no firm promises beyond that period. That sir, is words beginning three paragraphs above the dotted line at the bottom.
PN76
Now may I turn to the second document in the bundle and towards the end of it, this is a Macquarie University official document relating to the way in which we document general staff positions. Questions 1 to 18 deal with various aspects of work however do not focus on the tasks to be done by the person occupying the position. The tasks for the job we are discussing today on the final two pages of the general staff job description, those final two pages are referred to as attachment 1.
PN77
May I draw the commission's attention to the significant number of references on this statement of duties, this part of the statement to the Max S students and the specialised and discreet identifiable duties which were intended for this position as opposed to generic counselling duties. I would like to draw attention to the purposeful nature of the design of this post and the very definite attempt reflected in this document that the Max S students admitted under a special program that the emphasis of this position and the person's work should be on those students. So I do feel I must rely on this document in a sense rebut some of the submissions to the contrary by the union today.
PN78
I have, in the course of making these submissions, I have realised that I have overlooked one key statement on the position description, on the position advertisement your Honour, so may I trouble you to refer again to the earlier document in this bundle.
PN79
THE SENIOR DEPUTY PRESIDENT: That is the first document is it?
PN80
MS LITCHFIELD: Yes, I am sorry to inconvenience you I had overlooked a key sentence in the position advertisement.
PN81
THE SENIOR DEPUTY PRESIDENT: Which is?
PN82
MS LITCHFIELD: In the first paragraph the final sentence which reads - - -
PN83
THE SENIOR DEPUTY PRESIDENT: Yes, that is repeated in the statement of duties.
PN84
MS LITCHFIELD: Yes, that is the case. So I think it is fair to say that the position came into being in order to look after special needs of students admitted under a number of special programs and the university has not ever attempted to alter that job. The final submissions I wanted to make about the bundle of documents exhibit Macquarie 1 relates to the very final piece of written document in that bundle and that is a letter dated 7 October 1997.
PN85
Your Honour I was just going to add a little to the clear advice to Ms McGill that her employment was for a fixed term of five years and that is covered in the first paragraph in that letter. Appointments beyond that date are only referred to as a possibility not a form undertaking. May I now turn to the enterprise agreement and the manner in which it regulates fixed term employment.
PN86
Your Honour you were the member of the commission who certified the current enterprise agreement and as you have the document with you today you may well have noted that fixed term employment is part of the university's work environment, it has a number of restrictions but it is a legitimate part of the work arrangements and quite a number of people have fixed term appointments in line with the enterprise agreement.
PN87
May I just draw your attention to the manner in which fixed term appointments are treated by the enterprise agreement as they come to an end. The key provisions are in 6.02.23 and 6.02.22, I am sorry about that reverse order and indeed 6.02.19 is also relevant, that is on page 55 of the certified copy of the agreement. The university submits that ending fixed term employment without a further fixed term appointment being offered or without conversion legitimate outcomes and legally permissible manners for a person's fixed term employees employment to end.
PN88
The university submits that that is precisely what has occurred in Ms McGill's circumstances. Each year a number of fixed term appointments come to their end but fluxion of time and quite a number of those people do not continue in any way as our employees. It may also address the provisions in the agreement in relation to the opportunity for conversion. The agreement permits conversion of fixed term appointments but does not mandate that they are universally converted.
PN89
The relevant provisions are in 6.03 of the agreement starting at page 57 of the certified copy and 6.03.05 is the key criteria are need for the work to be done and availability of suitable funding for the work to be done and that the person whose appointment may be converted has met a number of criteria as well. In the position Ms McGill has held for a number of years, a review of her work and the need for the work she has been involved in was carried out by senior people, the university registrar and in June and July and the outcome of that review was that the work was not needed, the program had run its course and the need for the position could not be said to warrant conversion.
PN90
Again the university submits to the commission that this outcome is one of the legitimate outcomes available to the employer under the certified enterprise agreement. Your Honour that concludes the submissions that the university would wish to place on the record at the moment and we are happy to co-operate in the suggested conference.
PN91
THE SENIOR DEPUTY PRESIDENT: Very well, thank you Ms Litchfield. I shall go into conference.
OFF THE RECORD
RESUMES [3.44pm]
PN92
THE SENIOR DEPUTY PRESIDENT: As a result of the conference this afternoon in this matter I am satisfied that conciliation is at an end. The issue between the parties has been reduced to the following: it is whether or not the position in question is deemed to be continuing with the role and duties required by the university and whether or not it can be funded.
PN93
The matter will be set down for arbitration on 26 September at 9.30am. The parties are directed to file and exchange witness statements for the witnesses they intend to call not later than 1.00 pm on Thursday, 15 February next. The parties are at liberty to apply.
PN94
I adjourn the matter accordingly, I adjourn the Commission until 3.45pm.
ADJOURNED ACCORDINGLY [3.44pm]
INDEX
LIST OF WITNESSES, EXHIBITS AND MFIs |
EXHIBIT #NTEU1 GROUP OF DOCUMENTS COMMENCING WITH ONE DATED 11/07/2002 PN15
EXHIBIT #NTEU2 LETTER DATED 24/07/2002 FROM MR CASHMAN TO MS McGILL PN20
EXHIBIT #NTEU3 LETTER DATED 06/08/2002 FROM MS WELLS TO MR CASHMAN PN29
EXHIBIT #NTEU4 LETTER DATED 23/08/2002 TO MS WELLS FROM MR CASHMAN PN39
EXHIBIT #NTEU5 PROPOSED ORGANISATION CHART DATED 30/07/2002 PN48
EXHIBIT #NTEU6 JOINT LETTER DATED 29/08/2002 FROM NTEU AND CPSU TO MR CASHMAN PN54
EXHIBIT #NTEU7 LETTER DATED 28/08/2002 TO MS WELLS FROM MR CASHMAN PN57
EXHIBIT #NTEU8 STATUTORY DECLARATION OF MR WICKENDEN DATED 12/9/2002 PN60
EXHIBIT #MACQUARIE1 BUNDLE OF DOCUMENTS, REFERENCE 10119 READVERTISED PN73
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