C2001/5206, Transcript of Proceedings [2002] AIRCTrans 42 (2 January 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N VT01753

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C2001/5206

VICTORIAN LOCAL AUTHORITIES INTERIM
AWARD

Application under section 113 of the Act
by the Australian Municipal, Administrative,
Clerical and Services Union re the making
of the Victorian Local Authorities Interim
(Roping-in) Award No 1 of 2001

MELBOURNE

9.05 AM, THURSDAY, 13 DECEMBER 2001

Continued from 7.12.01

PN69

MR K. HARVEY: Your Honour, in this matter I appear on behalf of the Australian Services Union. Appearing with me again this morning is MS S. NICHOL.

PN70

MR P. EBERHARD: If the Commission pleases, I am from VECCI, on behalf of C & M Aquatics, MRW Australia Pty Limited, Sports Australia Leisure Management Pty Ltd, which trades as Leisure Management and Marketing, and Leisure Australia Incorporated. If the Commission pleases.

PN71

MS S. MOORE: If the Commission pleases, I seek leave to appear on behalf of the Victorian YMCA Accommodation Services Pty Limited. You will see on your list that they are listed as the Victoria YMCA Services Pty Limited. The Young Men's Christian Association of Ballarat. The Young Men's Christian Association of Echuca. The Young Men's Christian Association of Footscray Limited. The Young Men's Christian Association of Moonee Valley. The Young Men's Christian Association of Warrnambool. And also, your Honour, the National Council of The Young Men's Christian Association of Australia. If your Honour pleases.

PN72

THE SENIOR DEPUTY PRESIDENT: Are there any of the YMCA ones that you left out, or you are not appearing for?

PN73

MS MOORE: I don't believe so, your Honour.

PN74

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. Thanks very much. Yes. Yes, Mr Harvey. What is the situation?

PN75

MR HARVEY: Yes, your Honour. Since the hearing last week, the union has, as it indicated it would do, file with the Commission and serve on the employers an amended application. I understand a copy has gone to your office.

PN76

THE SENIOR DEPUTY PRESIDENT: Yes. I have a copy of that.

PN77

MR HARVEY: Do you wish to mark that, sir?

PN78

THE SENIOR DEPUTY PRESIDENT: Perhaps I will mark all of the documents. But have there been discussions with - between the parties in relation as well?

PN79

MR HARVEY: Yes, your Honour. Following the filing of the amended application we met with Ms Moore and her client, the YMCA, on Tuesday of this week. And we had very useful discussions with them, in which both parties identified their particular interests in the organisations and the areas of work that the union was seeking to cover by the roping-in award. The YMCA indicated to us, and we discussed at some length, what their current arrangements for award and agreement coverage were. And both parties have gone away to consider the outcomes of that meeting, and have agreed to meet again.

PN80

Also, yesterday we met with Mr Eberhard on behalf of the three companies at the time that he was representing then. That is, all the ones that he announced in appearance for today, except C & M Aquatics. The - I understand from his appearance today that he is now representing them as well, but he wasn't yesterday. But we had similar sorts of discussions with Mr Eberhard about the intentions of the union and the position of the companies for which he acted. And we have agreed to meet with him again on 1 February next year to see if we can continue those discussions, with a view to resolving at least some of these issues with his members, by negotiation, rather than proceeding immediately to arbitration on these issues.

PN81

So the - and we now understand that he is also representing C & M Aquatics and we hope to have discussions with him about that as well. It was our intention therefore this morning, your Honour, to seek, having heard from the employer respondents to this matter, to ask you if you could list this matter again for a further report back in the middle of February, possibly around 18 February if that is convenient to the Commission, for a further report back to see how far we can progress this matter by negotiation, discussions between the parties.

PN82

THE SENIOR DEPUTY PRESIDENT: About what time did you say? About when?

PN83

MR HARVEY: About 18 February, or thereabouts, your Honour.

PN84

THE SENIOR DEPUTY PRESIDENT: Yes. Well, I will mark the amended application as ASU1. That is the amended application to vary the award. And I will mark the draft order as ASU2.

EXHIBIT #ASU1 AMENDED APPLICATION TO VARY AWARD

EXHIBIT #ASU2 DRAFT ORDER

PN85

MR HARVEY: I take it my colleagues at the Bar table have a copy of those documents? They have been sent to all the individual employers.

PN86

THE SENIOR DEPUTY PRESIDENT: That is the application is it, or - - -

PN87

MR HARVEY: The application, and the - - -

PN88

THE SENIOR DEPUTY PRESIDENT: And the draft order.

PN89

MR HARVEY: The amended application and the draft order.

PN90

THE SENIOR DEPUTY PRESIDENT: Yes.

PN91

MR HARVEY: It has gone to all the parties.

PN92

THE SENIOR DEPUTY PRESIDENT: Is there anything else you want to say at this stage?

PN93

MR HARVEY: Not at this point, your Honour.

PN94

THE SENIOR DEPUTY PRESIDENT: No. Mr Eberhard?

PN95

MR EBERHARD: Your Honour, as Mr Harvey indicated we had a meeting with the ASU yesterday, and they were some useful discussions in regard as to how we could progress this matter. And I need to get some further instructions from the clients that we are representing. And we have agreed to meet again on Friday, 1 February. And we would support a report back around 18 February. Why we would support that is that it may well give us the opportunity to have an additional meeting after 1 February with the ASU to try and progress this matter even further. And, as indicated today, VECCI now does represent C & M Aquatics, who have recently been served with a log of claims in this matter. And - - -

PN96

THE SENIOR DEPUTY PRESIDENT: I am going to come to that matter, after we finish this matter.

PN97

MR EBERHARD: I was about to say - - -

PN98

THE SENIOR DEPUTY PRESIDENT: Yes.

PN99

MR EBERHARD: I thought we might have gone around it the other way. That was all.

PN100

THE SENIOR DEPUTY PRESIDENT: Yes. I probably should have done it the other way, but in any event that is - - -

PN101

MR EBERHARD: That is all at this stage, your Honour.

PN102

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you, Mr Eberhard.

PN103

MS MOORE: Yes, your Honour. Well, the organisations that we represent, together with the union, did meet this week and had preliminary discussions in terms of clarifying each party's position in relation to the matter. As Mr Harvey has pointed out, each part - well, nothing was resolved at that meeting so we will be having further meetings, and we would support a report back on or around 18 February, which we would hope would give the parties more time in which to clarify their positions further. If your Honour pleases.

PN104

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Moore. Very well. I am not available in February. Perhaps we can arrange some day in March. Would that be convenient?

PN105

MR HARVEY: Well, if we have to, your Honour, yes. In that case - - -

PN106

THE SENIOR DEPUTY PRESIDENT: Friday, 8 March?

PN107

MR HARVEY: Well, if that is the first available date, yes, your Honour.

PN108

THE SENIOR DEPUTY PRESIDENT: Yes. I am sorry. That - it is.

PN109

MR HARVEY: We should have the negotiations all wrapped up then.

PN110

THE SENIOR DEPUTY PRESIDENT: Should have a draft consent award for me by then, I imagine.

PN111

MR HARVEY: Yes. Yes, that would be our intention, your Honour.

PN112

THE SENIOR DEPUTY PRESIDENT: Is that convenient for you, Mr Eberhard?

PN113

MR EBERHARD: It is, your Honour. Well, I think it is, your Honour. I don't have a diary for next year but - - -

PN114

THE SENIOR DEPUTY PRESIDENT: Well, if there are any difficulties, perhaps you could liaise with Mr Harvey and work out a date that is convenient, some time after 8 March.

PN115

MR EBERHARD: I would put it this way. I think given that it is nearly three months away from where we are now that there shouldn't be any great problems with it. But I would certainly work around anything that does appear. But I think we would be fine at that - on that day.

PN116

THE SENIOR DEPUTY PRESIDENT: Very well. Thanks, Mr Eberhard. Ms Moore?

PN117

MS MOORE: Your Honour, I would say that the date would definitely be convenient, and as for anything further, I wouldn't be able to comment on that at this stage, your Honour.

PN118

THE SENIOR DEPUTY PRESIDENT: All right. Well, I will stand that matter down.

ADJOURNED UNTIL 8 MARCH 2002 [9.15am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ASU1 AMENDED APPLICATION TO VARY AWARD PN85
EXHIBIT #ASU2 DRAFT ORDER PN85