C2001/1721, Transcript of Proceedings [2003] AIRCTrans 3319 (6 August 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 3814

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2001/1721

AUSTRALIAN POSTAL CORPORATION

and

COMMUNICATIONS, ELECTRICAL, ELECTRONIC,
ENERGY, INFORMATION, POSTAL, PLUMBING
AND ALLIED SERVICES UNION OF AUSTRALIA

Notification pursuant to section 99 of the Act
of a dispute re alleged bans imposed by the
union on time measurements of interstate
linehaul runs to be carried out by external
auditors

MELBOURNE

11.38 AM, TUESDAY, 22 JULY 2003

Continued from 19.4.01

PN1

MR P. ROGAN: I appear on behalf of Australia Post with MR D. TING.

PN2

MR E. KEANE: I appear for the CEPU Communications Division.

PN3

THE COMMISSIONER: Now, how do the parties wish to deal with this? I understand that the matter has been called back on due to some difficulties in reaching an agreement concerning Queensland and South Australia and the matter this morning is listed for mention and programming. So do you wish to do that on transcript or off transcript. Mr Rogan?

PN4

MR ROGAN: Commissioner, I might at the outset indicate that the disputed runs now just relate to Brisbane, that we have in fact got settlement on the Adelaide legs, which is good news.

PN5

THE COMMISSIONER: Okay. Good.

PN6

MR ROGAN: From Australia Post's perspective, Commissioner, we believe that the process has come to an end, that the next step is arbitration, and we are keen to get some dates locked in, but I understand that my colleague, Mr Keane, is still keen to talk about conciliation process and perhaps I might at this stage hand over to Mr Keane to talk to that point.

PN7

THE COMMISSIONER: Thank you. Yes, Mr Keane?

PN8

MR KEANE: Thank you, Commissioner. Yes, I can confirm that since the matter was listed we have been able to settle the routes out of Adelaide and we have written to Australia Post along those lines. Commissioner, we would prefer if we could to deal with this matter by way of conciliation. Let me say at the outset, Commissioner, that if that was the way the matter was dealt with, that any recommendation coming from the Commission through conciliation would be put to our membership most strongly that they should abide by and accept that recommendation.

PN9

We would also, if it was necessary, put in writing that if the matter did have to go to arbitration, we would be raising no arguments about your ability to arbitrate on the matter, having previously engaged in a conciliation exercise.

PN10

THE COMMISSIONER: Right. Thank you. Is it more appropriate now to go off transcript?

PN11

MR ROGAN: Yes, your Honour.

PN12

MR KEANE: No objection.

PN13

THE COMMISSIONER: Thank you. All right, we will go off transcript.

OFF THE RECORD

PN14

THE COMMISSIONER: Having conferred with the parties, the Commission would issue the following directions: that Australia Post provide an outline of their argument to the Commission and to the Union by close of business on Monday, 1 September and also included in that would be an outline of witness statements that they intend to rely upon; that the Union also provide an outline of their argument and any witness statements that they intend to rely upon to Australia Post and to the Commission by the close of business on 8 September 2003.

PN15

The Commission will set aside 16 and 17 September in Brisbane, commencing at 9.30 am to commence the arbitral process. Are the parties clear on that? Mr Keane?

PN16

MR KEANE: Yes, Commissioner.

PN17

THE COMMISSIONER: Thank you. Mr Rogan?

PN18

MR ROGAN: Yes, Commissioner.

PN19

THE COMMISSIONER: Good. The Commission thanks the parties and will stand adjourned until 16 September in Brisbane.

ADJOURNED UNTIL TUESDAY, 16 SEPTEMBER 2003 [11.53am]