D2001/23, Transcript of Proceedings [2002] AIRCTrans 4480 (13 November 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

D2001/23

APPLICATION FOR ALTERATION OF
ELIGIBILITY RULES

Application under section 204(1) of the
Act by CPSU, The Community and Public Sector
Union re alteration of eligibility rules

SYDNEY

4.05 PM, MONDAY, 28 OCTOBER 2002

Continued from 11.10.02

Hearing continuing

THIS MATTER WAS CONDUCTED BY TELEPHONE CONFERENCE IN SYDNEY

PN35

THE SENIOR DEPUTY PRESIDENT: Good afternoon to each of you, I gather that there is an alteration to an appearance for the CPSU?

PN36

MS M. COOPER: Yes, your Honour, it is Maryanne Cooper appearing instead of Andrew Rich just for today's telephone conference.

PN37

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Cooper, and Mr O'Brien continues his appearance for the ASU?

PN38

MR O'BRIEN: I think this is actually my first appearance, there has been other ASU people appearing in Sydney, I do not think I have actually made an appearance as yet.

PN39

THE SENIOR DEPUTY PRESIDENT: You nearly got there last time?

PN40

MR O'BRIEN: I nearly did, I think I sent an apology for the last hook up.

PN41

THE SENIOR DEPUTY PRESIDENT: Yes, that is right, Mr O'Brien. All right then, Ms Cooper, what is the position?

PN42

MS COOPER: Your Honour, there has been various of a draft settlement document exchanged between the parties and discussions were last held on Thursday 24 October. Further amendments were made and sent to the ASU on Friday 25th, the ASU has responded with some concerns today and I hope we have addressed them in our response but it is a matter of course for the ASU to consider and discuss through its internal processes. From what we gather, it is a CPSU view that the objection is very close to settlement and we would anticipate another two to three weeks for this process of fine tuning to go on, however we do acknowledge that you indicated at the last hearing that if agreement had not been finally reached today that you would make arrangements to issue directions, so while we would prefer another two to three weeks, if your Honour is of a mind to set it down for programming, of course then so be it, we will comply with those directions, and of course subject to what Mr O'Brien says, I think another two to three weeks might see if finalised and that is really all I can say today, your Honour.

PN43

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Cooper, that is quite sufficient. Well, Mr O'Brien, the ball is in your court.

PN44

MR O'BRIEN: Yes, that is right, your Honour, I have no issue with what Ms Cooper put to you, I think that makes sense and if we reach an agreement earlier than that Ms Cooper could contact the Commission and let the Commission know. I do think it is premature to set the matter down when I do believe we are so close but it is just a case as she said of the ASU having to circulate its branched and just the process that we have to go through to see if there are any objections or comments which are worthy of relating back to the CPSU but yes, I think that is a good suggestion, two to three weeks is fine.

PN45

THE SENIOR DEPUTY PRESIDENT: All right then, I will not make programming arrangements today in view of what you have both told me, I will take the optimistic view and assume that if you are given say three weeks you might get the last remaining wrinkles ironed out, we will just organise a time for another telephone report back, Ms Cooper, I would suggest is the most appropriate given Mr O'Brien is in Melbourne.

PN46

MS COOPER: Yes, your Honour, I think that would be best.

PN47

THE SENIOR DEPUTY PRESIDENT: All right, just bare with me while I get the diary. Telephone hearing at 9.00 on 22 November, how is that?

PN48

MS COOPER: That is fine with me, your Honour.

PN49

MR O'BRIEN: What time was that?

PN50

THE SENIOR DEPUTY PRESIDENT: 9.00.

PN51

MR O'BRIEN: 9am, sure that is fine with me too.

PN52

THE SENIOR DEPUTY PRESIDENT: All right, I will adjourn these proceedings to Friday, 22 November at 9am for a further telephone hearing by way of report. Thank you for your advices this afternoon and that concludes proceedings for today.

ADJOURNED UNTIL FRIDAY, 22 NOVEMBER 2002 [4.10pm]