C2002/4456, Transcript of Proceedings [2003] AIRCTrans 173 (16 January 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS
VICE PRESIDENT LAWLER
COMMISSIONER ROBERTS

C2002/4456

APPEAL UNDER SECTION 45 OF THE ACT
BY AUSTRALIAN LIQUOR, HOSPITALITY AND
MISCELLANEOUS WORKERS UNION - NORTHERN
TERRITORY BRANCH AGAINST THE DECISION
AND ORDER OF COMMISSIONER EAMES AT
MELBOURNE DATE 15 AUGUST 2002

DARWIN

2.32 PM, MONDAY, 25 NOVEMBER 2002

PN1

VICE PRESIDENT ROSS: Could I have the appearances please.

PN2

MR M. WARBURTON: Yes, if it please the Commission, I appear on behalf of the Australian Liquor, Hospitality and Miscellaneous Workers Union in this matter. Appearing with me is MR J. JONES. If it please the Commission.

PN3

VICE PRESIDENT ROSS: Thanks, Mr Warburton.

PN4

MR T. ANDERSON: If it please the Commission, I am a legal practitioner and I seek leave to appear on behalf of the Commissioner for Public Employment in this matter. I understand Mr Warburton consents to my application in that regard.

PN5

MR WARBURTON: That is correct, your Honour.

PN6

VICE PRESIDENT ROSS: All right, leave is granted, Mr Anderson. Yes, Mr Warburton.

PN7

MR WARBURTON: Yes, your Honour, we note that an enterprise bargaining agreement has been reached between the parties to this original dispute, on December 6. Just one final note is that we agreed to withdraw the appeal listed today, subject to the undertaking to follow from the OCPE. If it please the Commission.

PN8

VICE PRESIDENT ROSS: Thank you. Mr Anderson.

PN9

MR ANDERSON: Commissioner, the agreement was reached on November 6 - - -

PN10

MR WARBURTON: Sorry, November.

PN11

MR ANDERSON: - - - not December. Very recently, I understand. In light of what has just been said, your Honour, can I say this for the record. The Commissioner for Public Employment accepts that any further applications of this type will be determined on the relevant evidence and submissions arising in the particular circumstances of the case.

PN12

Further, whilst the Commissioner for Public Employment believes that Commissioner Eames' decision in this matter was correct, the Commissioner for Public Employment will not seek to rely on Commissioner Eames' decision in support of an argument at any time in the future with respect to the Fire Service Employees Northern Territory Consolidated Award (1993) that Commissioner Eames regarded the award as a paid rates award for the purposes of the application of sections 170(MW)(7), and 170(LG) of the Act.

PN13

The Commissioner for Public Employment may otherwise rely on Commissioner Eames' decision, the evidence and submissions that were put before Commissioner Eames, and the new evidence and submissions put before the Full Bench for the purposes of this appeal. If it please the Commission.

PN14

VICE PRESIDENT ROSS: Thank you, Mr Anderson. That then concludes the matter?

PN15

MR ANDERSON: Yes, your Honour.

PN16

VICE PRESIDENT ROSS: On the basis that the appeal has been withdrawn, we will adjourn.

ADJOURNED INDEFINITELY [2.36pm]