C2003/1494, Transcript of Proceedings [2003] AIRCTrans 1639 (1 May 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 7, ANZ House 13 Grenfell St ADELAIDE SA 5000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

C2003/1494

NATIONAL ELECTRICAL, ELECTRONIC AND
COMMUNICATIONS CONTRACTING INDUSTRY
AWARD 1998

Application under section 113 of the Act
by Electrical Nett to vary the above award
re variation of redundancy provisions in
subclause 12.5 to exempt employer from
clause 12.3.1

ADELAIDE

11.31 AM, TUESDAY, 15 APRIL 2003

Continued from 28.3.03

PN216

THE SENIOR DEPUTY PRESIDENT: Good morning. I note there are some changes in appearances so perhaps I might take appearances, please.

PN217

MR S. PRIEST: If the Commission pleases, I represent the company today.

PN218

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Priest.

PN219

MR W. DEAKIN: If the Commission pleases, I appear on behalf of the CEPU Electrical Division. I have with me JASON WILDE from the CEPU.

PN220

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Deakin, and I note that, Mr Ward, you remain representing yourself.

PN221

MR WARD: Yes.

PN222

THE SENIOR DEPUTY PRESIDENT: Thank you. Now, this matter was last before me on 28 March. On that occasion I acceded to a request from Mr Moore for an adjournment. That adjournment was for the purpose of allowing Mr Moore to provide information that Electrical Nett did in fact obtain acceptable alternative employment for Mr Ward. I indicated to Mr Moore that if that evidence was not available then the fairest and most logical approach would be to advise Mr Ward and Mr Deakin, so I'm working on the premise that that information is available to us today. Is that the case, Mr Priest?

PN223

MR PRIEST: I apologise. We actually seek leave today to withdraw our application based on the lack of evidence. I apologise.

PN224

THE SENIOR DEPUTY PRESIDENT: I see. Well, it would actually have been possible to have advised the parties and indeed myself. We have other things that we probably could have done today but nevertheless that as it may I will note the application is withdrawn and as such I will work on the premise that the award obligations relevant to redundancy payments continue to exist. Are you in a position, given the court proceedings, Mr Priest, to advise whether the employer is still disputing payment of those provisions?

PN225

MR PRIEST: At this stage, well, it is hanging in the balance so to speak but - - -

PN226

THE SENIOR DEPUTY PRESIDENT: That fills me with a great deal of confidence. Perhaps you might tell me what the balance might mean in this instance.

PN227

MR PRIEST: I suggest not but I can't say for sure because we haven't received a confirmation from our representatives in Perth yet.

PN228

THE SENIOR DEPUTY PRESIDENT: You suggest that the employer is not proposed to pay - - -

PN229

MR PRIEST: No, no longer disputing.

PN230

THE SENIOR DEPUTY PRESIDENT: No longer disputing payment.

PN231

MR PRIEST: Yes.

PN232

THE SENIOR DEPUTY PRESIDENT: Well, look if my memory serves me correctly, Mr Ward has some action in the court in this regard.

PN233

MR PRIEST: Yes.

PN234

THE SENIOR DEPUTY PRESIDENT: I'm simply trying to clarify whether or not it is going to be necessary for him to continue that action.

PN235

MR PRIEST: Well, we hope not but at this stage I haven't received any official position.

PN236

THE SENIOR DEPUTY PRESIDENT: I see.

PN237

MR PRIEST: We will be working - attempting in the next sort of - with any future to make sure that that does not need to go ahead.

PN238

THE SENIOR DEPUTY PRESIDENT: Very well. Mr Ward, when is the matter next on before the court?

PN239

MR WARD: It was waiting Larry Moore's response back to the court to notify it of the outcome of this one.

PN240

THE SENIOR DEPUTY PRESIDENT: I see. So I guess the ball is in your court then, Mr Ward, first of all as to whether you seek the matter be relisted or whether you engage with NECA on behalf of the company in an endeavour to draw the matter to an earlier conclusion.

PN241

MR WARD: Well, I would be under the understanding that NECA should be actually getting in touch with the court and letting them know of the outcome.

PN242

THE SENIOR DEPUTY PRESIDENT: Yes. Well, I'm certainly going to be suggesting that to Mr Priest but you may have to assume a role in this matter too.

PN243

MR WARD: Right.

PN244

THE SENIOR DEPUTY PRESIDENT: Mr Priest, can I urge you very strongly to first of all clarify with your member the extent to which the employer still disputes that a payment is due pursuant to the award? And secondly can I urge you to advise the court, in this case I would suggest within the next few days - - -

PN245

MR PRIEST: Yes, sir.

PN246

THE SENIOR DEPUTY PRESIDENT: - - - if the employer proposes to maintain an argument and I say that because I happen to know the court is a very busy place at the present time and I would have thought they too might appreciate advice of whether the matter needs to go before them or not. The application is withdrawn. The matter is adjourned.

ADJOURNED INDEFINITELY [11.37pm]