C2002/5425, Transcript of Proceedings [2003] AIRCTrans 4231 (25 September 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 3718
A 23.9.03

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SIMMONDS

C2002/5425
C2002/5426
C2001/6183
C2001/5206

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL
AND SERVICES UNION

and

BELGRAVIA LEISURE PTY LTD and OTHERS

Notifications pursuant to section 99 of the
Act of a dispute re wages and conditions of
employment

VICTORIAN LOCAL AUTHORITIES INTERIM AWARD 1991

Application under section 113 of the Act by
the Australian Municipal, Administrative, Clerical
and Services Union to vary the above award re the
making of the Victorian Local Authorities Interim
(Roping-in) Award No 1 of 2001

MELBOURNE

2.25 PM, MONDAY, 30 JUNE 2003

Continued from 16.4.03

PN73

THE COMMISSIONER: Now, there is no changes to appearances from the last time this matter was before me, so, perhaps, someone is going to tell me there is a lot of progress. Mr Harvey?

PN74

MR HARVEY: I hope somebody is, Commissioner, but it won't be me. Commissioner, we have been operating in accordance with the directions issues by the Commission. I think on, or just after the last occasion that the parties were before you on that matter, the union did provide to the employers represented at the bar table today the final draft of the award that the union is seeking in this matter. I can't remember the exact date but it was around about the date set down in the directions. And the employers have, in fact, responded to us with a draft of their own and we did have a meeting between the parties to discuss both those drafts a couple of weeks ago.

PN75

We were hoping to have had one further meeting before today's date but we have not been able to organise that but we have, just immediately prior to this hearing, settled on a date for a further meeting in mid July. And we were going to suggest to the Commission that the matter be listed for further report back on 31 July with a view to setting some new directions at that point depending on how far we have advanced. The - I think it is fair to say, Commissioner, as I said, where we are up to is we have, sort of, two documents.

PN76

We have gone through the employer's response and there is obviously a significant number of issues where there won't be any, sort of, issues, there won't be any disagreement about them - about the provisions of the award because they are largely test cases - test case provisions and decisions handed down by various Full Benches of this Commission and would have to be incorporated at any safety net award in any case. But we have, in addition to that, a number of areas in which there will be quite a, sort of, negotiation and possibly an arbitration at the end of the day about some of the others - some of the harder ones.

PN77

And in respect of those there will be some areas which, I think, it would be useful if we had the Commission, as currently constituted, assisting the parties with some conciliation prior to that date. And we have also considered some other issues with regards to the timetable of implementation of any award that is finally made to cover this particular industry. So the parties are, I think, reasonably happy that we have, sort of, the basic material we need before us to go forward.

PN78

We have identified what the key issues are and set them for the agenda for the next meeting and probably that is about as far as we can take the Commission this afternoon, Commissioner, other than to suggest at this stage that we might have a report back at the end of July. If the Commission pleases.

PN79

THE COMMISSIONER: Yes, thanks, Mr Harvey. Ms Moore?

PN80

MS MOORE: Thank you, Commissioner, I don't think that we have anything further to add to that. We agree with everything that Mr Harvey has said and we support the suggestion to have a report back listed for the end of July. If the Commission pleases.

PN81

THE COMMISSIONER: Yes, thank you. Mr Eberhard?

PN82

MR EBERHARD: I have nothing to add, Commissioner.

PN83

THE COMMISSIONER: Yes, thank you. I guess it follows from that that the directions - yes, I formally gave the directions that were contained in exhibit M1 and I think in the circumstances I should rescind directions 5, 6 and 7 at this stage, well, rescind directions 5,6 and 7 and your proposal was that we - 31 July - - -

PN84

MR HARVEY: Yes, that was convenient to the parties if it is convenient to the Commission.

PN85

THE COMMISSIONER: Yes, it is convenient to the Commission. 10.15?

PN86

MR HARVEY: Yes, thank you, Commissioner.

PN87

THE COMMISSIONER: Yes, well, I am going to add some directions to that though, I am not satisfied that we are really applying ourselves sufficiently, at least, from where I sit. The proceedings will adjourn until 10.15 on Thursday 31 July at which time there will be a further report back. The notifier is to provide to the Commission at that report back a document setting out the matters agreed and the matters not agreed, and amongst the matters not agreed, the extent of disagreement so that the Commission is in a position to make some qualitative judgment about the progress of this matter.

PN88

Hopefully, Mr Harvey, in presenting that it will be an agreed document that, even though you agreed on what is disagreed, but if it is not agreed, then we will hear whatever debate there is about it.

PN89

MR HARVEY: Yes, I think that is an excellent suggestion.

PN90

THE COMMISSIONER: Yes, very good, well, on that basis - well, it is not a suggestion, it is a direction. And on that basis the proceedings will adjourn until 10.15 on Thursday 31 July. Thank you.

ADJOURNED UNTIL THURSDAY, 31 JULY 2003 [2.31pm]