C2003/5133, Transcript of Proceedings [2003] AIRCTrans 4351 (1 October 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 10577

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT MARSH

C2003/5133

THE COMMUNITY AND PUBLIC
SECTOR UNION

and

THE DEPARTMENT OF EDUCATION,
EMPLOYMENT AND TRAINING

Notification pursuant to section 99 of the Act
of a dispute re the alleged failure by the
Department to comply with Clause 15,
Implementation of Change, in accordance with
the agreement

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

MONDAY, 15 SEPTEMBER 2003

Continued from 15.8.03 before Commissioner Gay

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [1.19pm]

PN1

THE SENIOR DEPUTY PRESIDENT: Can I thank everybody, all the parties, for an informative and frank and a hopefully constructive conference. Can I put on the record that the CPSU is extremely disappointed with the decision made by the Department Secretary with respect to the executive structure. It adheres to its view that that was made in breach of Clause 15 of the extant certified agreement.

PN2

I think it is important, having had discussions with the parties, that the next stage of consultation, which will introduce the new structure, should be done in a managed way, having regard to the provisions of the certified agreement and the commitment to comply with them. The document dated 11 September 2003, on the letterhead of the Department of Education and Training, to the Union Secretary, Karen Batt, on the last page sets out a number of dot points which outline the state of the consultation process between the Department, CPSU and staff. I would ask the Department to provide a document tomorrow to the union which fleshes out the role that is envisaged for the CPSU with respect to the implementation of that stage of consultation, which represents the implementation of the new structure throughout the Department.

PN3

That time frame and role for the CPSU should be clearly stated and provide for the meeting in full of the requirements of Clause 15 of the certified agreement, especially the basis upon which the CPSU may provide an alternative to the Department's alternative in a timely manner. I would expect that the spirit and intent of the consultative revisions of the certified agreement be met in full for all subsequent stages of the implementation of the new structure. I would also ask the Department, in providing this document, to have regard to the appropriateness, time release for members of the CPSU throughout this structure being devised and implemented.

PN4

The union is requested to respond to the Department document by no later than 3.30 on Wednesday, at which time a report back will be listed before the Commission and if possible, it would be appreciated if a response could be provided at an earlier date. The basis of that document, if that could also be forwarded to the Commission, will be discussed further, if required, at the report back at 3.30 on Wednesday, 17 September. Can I thank you again for your cooperation and the Commission will adjourn until a report back conference - - -

PN5

MS HILL: Your Honour, about the - can we address the matter in relation to the information that the CPSU has been seeking from the Department which is yet to be forthcoming?

PN6

THE SENIOR DEPUTY PRESIDENT: Yes. It was probably implicit with what I said but it was implicit, to enable the CPSU to properly respond in accordance with its rights under the certified agreement, Clause 15, with an alternative, will require a data base and information that it has requested. Can I indicate to the Department that it would be appropriate if it could indicate the timing of the provision of the information sought and if it is not able to provide that information, to indicate that so that further discussions can be held upon the basis of that information.

END OF EXTRACT [1.23pm]