AG2002/3038, Transcript of Proceedings [2002] AIRCTrans 5125 (19 December 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 60-70 Elizabeth St SYDNEY NSW 2000
DX1344 Sydney Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DRAKE

AG2002/3038

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the Act
by Justor Pty Ltd for certification of the
Newcastle & District Nursing Service Certified
Agreement

SYDNEY

10.06 AM, THURSDAY, 5 DECEMBER 2002

Continued from 19.6.02

Adjourned sine die

PN44

THE SENIOR DEPUTY PRESIDENT: Can I have the appearances, please.

PN45

MR A. BROWN: Thank you, your Honour. I have with me MS S. BUFI, the director of Justor Pty Limited, t/a Newcastle District Nursing Service.

PN46

THE SENIOR DEPUTY PRESIDENT: I've been notified by the New South Wales Nurses Association only this morning unfortunately that they don't have any members and they don't intend to seek to intervene. However, they did update the reference of the award, that is the New South Wales State Award, and the one they provided me was the Nurses Other Than in Hospitals Etcetera State Award, made by Commissioner Macleay on 12 July 2002. Is that your understanding of the current State award?

PN47

MR BROWN: Yes, it is, your Honour.

PN48

THE SENIOR DEPUTY PRESIDENT: Yes, well, I'm very sorry that you have been brought to Sydney to deal with this - you rely entirely on the submissions in writing, don't you?

PN49

MR BROWN: Your Honour, I also brought some additional material, our primary purpose today was to respond to the union's application for intervention. I have some of the additional material the applicant has produced that goes towards the issue in terms of certification of agreement and if the Commission pleases - - -

PN50

THE SENIOR DEPUTY PRESIDENT: There is no opposition to certification by the union.

PN51

MR BROWN: But the evidence I was going to provide also goes in terms of the agreement meeting the various tests under the Act so it serves a dual purpose.

PN52

THE SENIOR DEPUTY PRESIDENT: Yes, if you wish to.

PN53

MR BROWN: If I may tender that information for you this morning.

PN54

THE SENIOR DEPUTY PRESIDENT: Who of your employees work on Saturday and Sunday shifts.

PN55

MS BUFI: Two to three.

PN56

THE SENIOR DEPUTY PRESIDENT: Two to three every weeks and that's out of the total of seven nurses, you've got 4 assistants in nursing, 10 carers, 5 domestic assistants and a junior office worker, but you've got 5 registered nurses and 2 enrolled nurses.

PN57

MS BUFI: We have usually one carer worker each weekend and one of the registered nurses or enrolled nurses and then one other depending on the needs.

PN58

THE SENIOR DEPUTY PRESIDENT: So there would be a minimum of two, a carer and a nurse of one kind or another and sometimes a third, is that the usual?

PN59

MS BUFI: Yes, your Honour.

PN60

THE SENIOR DEPUTY PRESIDENT: Yes, and these are your further materials, the affidavit of Susan Mary Bufi, a chronology and workplace relations meeting minutes.

PN61

MR BROWN: Yes, your Honour, those last bundle of documents represent quite a number of meetings held between the employer and the employees and those represent minutes of those meetings. Your Honour, in response to your questions, well, in terms of overtime work annexure M of Ms Bufi's statement just lists a period of six months indication of the employees who have worked some overtime and public holidays.

PN62

THE SENIOR DEPUTY PRESIDENT: I'm very sorry you have been put to that trouble, if I had had earlier notice I would have tried to cancel your attendance but we didn't know ourselves until about 9.30 so by then I think it was too late to stop you. The Commission is adjourned.

ADJOURNED INDEFINITELY [10.10am]