C0013/499, Transcript of Proceedings [2002] AIRCTrans 3954 (3 October 2002)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DEEGAN

C No 134 of 1999

AUSTRALIAN GOVERNMENT EMPLOYMENT
ISOLATED ESTABLISHMENT ALLOWANCE
AWARD 1989

Review under Item 51 Part 2 Schedule 5
WROLA Act 1996 re Award Simplification

CANBERRA

10.22 AM, FRIDAY, 20 SEPTEMBER 2002

Continued from 24.6.02

PN6

THE COMMISSIONER: Could I have the appearances, please.

PN7

MR T. O'SHEA: If the Commission pleases, I appear on behalf of the Australian Capital Territory.

PN8

THE COMMISSIONER: Thank you.

PN9

MS J. TRACEY: I appear for the CPSU.

PN10

THE COMMISSIONER: Thank you, Ms Tracey.

PN11

MS E. POWERS: I appear on behalf of the Minister for Employment and Workplace Relations and the Public Service Commission.

PN12

THE COMMISSIONER: I think we may have you here under false pretences. We have not got you here under false pretences. The last I heard this matter was not going to be listed until before Christmas. I realise this is before Christmas but I do not know if that is what the parties had in mind. Mr O'Shea?

PN13

MR O'SHEA: Commissioner, I believe the last time there was any communication with the Commission was a letter that you might have received quite recently indicating what it was that was delaying the parties settling the matter quickly and that was that we were after information from the Bureau of Statistics to provide us with an up to date definition.

PN14

THE COMMISSIONER: That is right. Is this the letter of 26 July?

PN15

MR O'SHEA: Is it that long ago?

PN16

THE COMMISSIONER: Yes, or is there a more recent one.

PN17

MR O'SHEA: No, Commissioner.

PN18

THE COMMISSIONER: Well, the letter of 26 July talks about the matter being deferred to obtain advice from the ABS and, "The 2001 census would not be published until later this year and on that basis I request that you defer the hearing of this matter until a date to be fixed to be called back on before Christmas." Now, as I said, my associate has called it back on before Christmas but I did not think it was what you had in mind.

PN19

MR O'SHEA: Well, Commissioner, we can report that as of two days ago the Australian Bureau of Statistics provided us with some information which will allow us to define the new Canberra/Queanbeyan urban boundary for the purposes of the new proposed clause. Some work needs to be now done to communicate with the unions as to what that revised boundary will be so that they are quite clear of what that definition is to better understand amongst all the parties what will be the basis for calculation of the allowance in accordance with the draft clause. So, Commissioner, it is my intention that I would put a proposal out to the unions this afternoon for discussion. But I am away for several weeks and I would suggest late November would be about the time that the thing might be finalised.

PN20

THE COMMISSIONER: Fine, thank you, Mr O'Shea. Ms Tracey?

PN21

MS TRACEY: Commissioner, Mr Ramsey has informed me that we have circulated a drafted clause to all the unions. We have not heard back from any of the other unions except the LHMU who are happy with the clause.

PN22

THE COMMISSIONER: So, does Mr O'Shea's timetable suit you, Ms Tracey?

PN23

MS TRACEY: Yes, Commissioner.

PN24

THE COMMISSIONER: Thank you. Ms Powers?

PN25

MS POWERS: I apologise, Commissioner, I thought you were dealing with the first matter.

PN26

THE COMMISSIONER: That is why I was a bit surprised when you put in your appearance, Ms Powers. That is fine, thank you. All right, well, on that basis this matter will be adjourned and re-listed in late November hopefully for its finalisation. Thank you.

ADJOURNED INDEFINITELY [10.24am]