C2002/4577, Transcript of Proceedings [2002] AIRCTrans 4126 (18 October 2002)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

C2002/4577
C2002/4578

ENTERPRISE BARGAINING AWARD

Applications pursuant to section 111(1)(b)
of the Act by the Independent Education Union
of Australia and Others re roping-in awards
in relation to English Colleges Award 1998 and
Teachers (English Colleges) Award 1999

MELBOURNE

9.40 AM, THURSDAY, 3 OCTOBER 2002

PN1

MS L. COTTER: I appear for the Independent Education Union of Australia.

PN2

THE DEPUTY PRESIDENT: Thank you. We can deal with these together, can we?

PN3

MS COTTER: I think we can.

PN4

THE DEPUTY PRESIDENT: There is no appearance from either of the respondents. So if I ask you to address the applications, please?

PN5

MS COTTER: Thank you. Your Honour, you have an application in both matters from the IEUA pursuant to section 111(1)(b) of the Workplace Relations Act to make a roping-in award. In the first matter for the English Colleges Award and in the second matter for the Teachers (English Colleges) Award, both awards that operate in the ELICOS area. The making of these awards will result in partial settlement of a dispute founded by the Commission in 2002, C5546 of 2001 between the Independent Education Union and a number of colleges in the private training area.

PN6

These colleges deliver English language courses to overseas students. If I could firstly go the issue of service and in a moment tender the relevant documents for both matters. Application was made on 11 September by the IEUA to make these awards. All employers were notified by certified mail on 13 September and advised of the union's application and the time and date of today's hearing. So I will just now tender two copies for each matter.

PN7

THE DEPUTY PRESIDENT: Thank you.

PN8

MS COTTER: This is C4577 of 2002 and that is the relevant - yes, that is the relevant correspondence for the second matter.

PN9

THE DEPUTY PRESIDENT: Okay, thank you.

PN10

MS COTTER: If I could just clarify a couple of matters that emerged in that correspondence, your Honour. The union received a return to sender, for Chelmers Institute and Melbourne College of Commerce for C4577 of 2002. And for C4578 of 2002, we received a return to sender, for Westcoast International Language Academy. For those three colleges we have confirmed the following. Melbourne College of Commerce no longer exists. Westcoast International Language Academy no longer exists but Chelmers Institute has been renamed, Meridian International School, so I have updated the draft orders to reflect those changes.

PN11

THE DEPUTY PRESIDENT: So what is it called now?

PN12

MS COTTER: Meridian International School. So the award sought in the first matter, your Honour, is titled the English Colleges Roping-In Number 1 Award 2002 and will bind the following employers, specifically, ACTH English Language Centre in Melbourne, Meridian International School, and those two colleges would be bound to the terms and conditions of the English Colleges Award 1998, whereas in the second matter the award sought is titled the Teachers English Colleges Roping-In Number 1 Award of 2002 and will bind Swan International Language Academy.

PN13

THE DEPUTY PRESIDENT: And that is the only one.

PN14

MS COTTER: Yes. So I will just now tender the draft orders, if that is all right with you, your Honour.

PN15

THE DEPUTY PRESIDENT: Thank you.

PN16

MS COTTER: That is two copies of the first matter and two copies of the second matter.

PN17

THE DEPUTY PRESIDENT: This is - well, one of these isn't one of the colleges I was reading about in the paper this morning, is it?

PN18

MS COTTER: No, your Honour, I hope not, because I haven't read the paper this morning. So the IEU submits to your Honour that the award should be made as per the draft orders that I have tendered to the Commission to come into force from today's date for a period of three months, if the Commission pleases.

PN19

THE DEPUTY PRESIDENT: All right, thank you. It is the paper work that is the killer in all of these things. These are two applications to make roping-in awards. There is no attendance by the respondent employers to each application, but the union has provided the relevant documentation and proof of service, so accordingly, I am satisfied that the awards can be made. There has been a change to one of the names of the respondents. The applications seek to make firstly in C number 4577 of 2002 an award to be known as the English Colleges Roping-In Award Number 1 Award of 2002.

PN20

The parties to that award will be the Independent Education Union, ACTH English Language Centre in Melbourne, and the Meridian International School also in Melbourne. The other application seeks to make an award to be known as the Teachers English Colleges Award 19 - no, it doesn't; Teachers English Colleges Roping-In Number 1 Award of 2002. The parties to that award will be the IEU and Swan International Language Academy, Northbridge. Both of the awards are made in part-settlement of a dispute found between the union and the employer parties in matter C number 5546 of 2001.

PN21

Orders will be issued. Those awards will take effect from the first pay period on or after today and remain in force for a period of three months. That matter is adjourned. Thank you.

ADJOURNED INDEFINITELY [9.45am]