C2002/293, Transcript of Proceedings [2003] AIRCTrans 230 (24 January 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 2, 16 St George's Tce, PERTH WA 6000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N WT05797

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C2002/293

SECURITY OFFICERS (WESTERN AUSTRALIA)
AWARD 2002

Application under section 113 of the Act
by Chubb Security Australia Pty Limited
to vary the above award

PERTH

3.06 PM, THURSDAY, 19 DECEMBER 2002

PN1

MR J. UPHILL: I appear on behalf of Chubb.

PN2

MS F. BENNETT: I appear on behalf of Mr Kelly.

PN3

THE SENIOR DEPUTY PRESIDENT: Mr Uphill, I have had your application referred to me by the panel head for determination. What do you propose about the matter now? I have only listed it for mention at this stage to sort out where we go from here.

PN4

MR UPHILL: Yes. We would seek the matter be set down for hearing and determination, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: Is there any need to have it referred to the President?

PN6

MR UPHILL: I did consider that as an option, your Honour. But I don't believe there is any obligation on the applicant to do that. And we are happy that the matter proceed in the way that you foreshadowed it might proceed.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes. Well, all right, I will just hear what Ms Bennett has to say. What do you say, Ms Bennett?

PN8

MS BENNETT: Sir, is that in relation to the matter being referred to - - -

PN9

THE SENIOR DEPUTY PRESIDENT: Well, in relation to the matter generally and my view is that the application will have to be served on all the parties to the award and I would propose making directions to that effect.

PN10

MS BENNETT: Yes, sir.

PN11

THE SENIOR DEPUTY PRESIDENT: But what do you say about the issue generally?

PN12

MS BENNETT: Well, we can't obviously, sir. I came in on behalf of Dave Kelly with no clear instructions. I would assume that I would not be in a position to object to them lodging their application.

PN13

THE SENIOR DEPUTY PRESIDENT: I would assume you wouldn't be.

PN14

MS BENNETT: So, therefore, we would be obviously - you giving an undertaking that service will be, you know, to be done. And we would be - in relation Mr Uphill has referred to the matter not being invoked in accordance with the principles but we would be seeking to oppose the application, I would say.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes. Well, perhaps when the matter ultimately comes back before me after service, then you could raise that issue if you wish to.

PN16

MS BENNETT: Yes, okay. Okay.

PN17

THE SENIOR DEPUTY PRESIDENT: Mr Uphill, I will issue some written directions to conform with the requirements of the Act about service and so forth and send that out to you for execution.

PN18

MR UPHILL: Very well, your Honour. There is one practical thing that I should draw to your attention and it has to do with certain leave arrangements at this time of the year.

PN19

THE SENIOR DEPUTY PRESIDENT: Sorry? Yes, yes.

PN20

MR UPHILL: I intend going on leave tomorrow and hadn't proposed to be back in the office until 13 January.

PN21

THE SENIOR DEPUTY PRESIDENT: The only reason I am hesitant about all of that is that it does appear that I have to come back here in January for other matters. And I was just wondering if it wouldn't be possible for somebody else in your office to handle the issues relating to service. I mean, that seems to me to be a fairly mechanical sort of process or something like that.

PN22

MR UPHILL: You are right, your Honour. Service of the application on respondents to the award wouldn't be a difficulty for someone in my office. But if there are other directions that - - -

PN23

THE SENIOR DEPUTY PRESIDENT: No. Well, there would be the usual directions to the objectors.

PN24

MR UPHILL: Yes.

PN25

THE SENIOR DEPUTY PRESIDENT: There would be the directions for service similar to the ALHMWU application. And then the direction for objectors to lodge any notice of objection and grounds of objection and then for you to lodge any written material you wish to lodge in reply.

PN26

MR UPHILL: Yes.

PN27

THE SENIOR DEPUTY PRESIDENT: Now, that would probably take us - there is going to have to be 14 days for service basically so - - -

PN28

MR UPHILL: I don't envisage any problems, your Honour, if service was required to be undertaken during the period that I was on leave.

PN29

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Uphill.

PN30

MS BENNETT: Sir, sorry. Just on your previous issue with regards to your written directions. Would we be able to request that the employer, if he intends to - well, if Mr Uphill intends to utilise witnesses, that we be provided with the witness statements.

PN31

THE SENIOR DEPUTY PRESIDENT: That would be by their way of reply to objections, I suspect. But, I mean, the difficulty is, you have already foreshadowed an application under 107. If that comes to me on the next occasion that I am here, then the first thing I have to do is refer the matter to the President.

PN32

MS BENNETT: Okay.

PN33

THE SENIOR DEPUTY PRESIDENT: And it might very well be non-productive to have witness statements that wouldn't be used on that occasion.

PN34

MS BENNETT: Certainly, sir. Okay. Thank you.

PN35

THE SENIOR DEPUTY PRESIDENT: Did you want to say anything in response, Mr Uphill?

PN36

MR UPHILL: No, your Honour, there is nothing further.

PN37

THE SENIOR DEPUTY PRESIDENT: No. Very well. I will adjourn this matter. Just before I do, the next matter involves the same parties, as I recall, doesn't it? Yes, well, when I adjourn this matter - just a moment. Yes. Well, I will adjourn this matter and we will call the other matter on. Adjourn it first and then call it on.

ADJOURNED INDEFINITELY [3.13pm]