C2003/5555, Transcript of Proceedings [2003] AIRCTrans 4726 (24 October 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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

TRANSCRIPT OF PROCEEDINGS

O/N 4962
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2003/5555
C2003/5583

THE POLICE ASSOCIATION

and

CHIEF COMMISSIONER OF POLICE

Application under section 170LW of the Act
for settlement of dispute re alleged proposal
to spill all superintendent positions

THE POLICE ASSOCIATION

and

VICTORIA POLICE FORCE

Notification pursuant to section 99 of the Act
of a dispute re the implementation of the
process for transfer of superintendents

MELBOURNE

2.01 PM, THURSDAY, 9 OCTOBER 2003

Continued from 17.9.03

PN1486

THE SENIOR DEPUTY PRESIDENT: I notice there are some changes in the appearances.

PN1487

MR G. KENT: Yes. I appear with MS E. RILI for the Police Association.

PN1488

THE SENIOR DEPUTY PRESIDENT: Mr Dalton, you continue to appear for the Chief Commissioner?

PN1489

MR DALTON: Yes, your Honour.

PN1490

THE SENIOR DEPUTY PRESIDENT: Thank you. Yesterday I received a facsimile transmission from the solicitors for the Police Association. It was to the effect that documents that had been sought had not been provided and I was asked to issue a summons for the production of documents. I listed the matter of the application for the summons for today at 2.00 pm so that the issue could be dealt with quickly because there was some suggestion that submissions that were due by the Police Association would not be filed by the required time which was 5.00 pm yesterday.

PN1491

This morning, my Associated received a facsimile transmission addressed to me from Maurice Blackburn Cashman stating as follows, and I quote, leaving aside the formalities:

PN1492

We are instructed that the Police Commission of Police no longer proposes to proceed with the transfer of superintendents as proposed in Exhibit B1 in these proceedings. We are therefore instructed to withdraw the section 170LW application (C2003/555) [sic] and the section 99 notification of an industrial dispute (C2003/5583). We also instructed -

PN1493

that should read "are", I suspect -

PN1494

to withdraw our application for the summons which is listed for hearing today and we thank the Commission for its assistance in this matter.

PN1495

Is that the position correctly expressed, Mr Kent?

PN1496

MR KENT: Yes, it is, on behalf of the Police Association, yes.

PN1497

THE SENIOR DEPUTY PRESIDENT: And one thing that was missing from that correspondence is what you propose should be done in respect of the interlocutory order that I made on 17 September 2003.

PN1498

MR KENT: The Police Association makes no application in respect to the interlocutory order.

PN1499

THE SENIOR DEPUTY PRESIDENT: It shouldn't stand, should it? It should be set aside.

PN1500

MR KENT: We would understand that to be the case, yes. That would be the effect of the fact that we withdraw the application.

PN1501

THE SENIOR DEPUTY PRESIDENT: So you don't have a problem with the order that I made being set aside and the Chief Commissioner now being free to do whatever it was that she was doing? That is the effect of - - -

PN1502

MR KENT: But the effect would be that the Chief Commissioner would be free to go ahead with an alternative process is the way we would see it.

PN1503

THE SENIOR DEPUTY PRESIDENT: Yes, well, I understand. You understand that she wants to go ahead with an alternative proposal; do you withdraw each of application 2003/5555 and 5583?

PN1504

MR KENT: Yes.

PN1505

THE SENIOR DEPUTY PRESIDENT: And the order that I made on 17 September will be set aside?

PN1506

MR KENT: Yes.

PN1507

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Dalton, do you have anything further you wish to say about that?

PN1508

MR DALTON: No, your Honour, no.

PN1509

THE SENIOR DEPUTY PRESIDENT: You are content with that course?

PN1510

MR DALTON: Yes. There has been an agreed process as I understand it, and on that basis, that the Police Association is prepared to withdraw the proceedings, and I would agree that the interlocutory order should be set aside in those circumstances.

PN1511

THE SENIOR DEPUTY PRESIDENT: Yes. Just as I was coming on to the bench, I was advised through my Associate that the President's chambers was seeking documentation in relation to an appeal. Is that appeal going ahead, Mr Dalton?

PN1512

MR DALTON: I have been instructed to notify the Registrar of my client's intention to withdraw that appeal upon the issuance of formalities regarding the disposition of the current proceedings before your Honour. That is part of the settlement.

PN1513

THE SENIOR DEPUTY PRESIDENT: Yes. And can my Associate inform the President's Associate accordingly?

PN1514

MR DALTON: Yes, your Honour.

PN1515

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Very well. Thank you, gentlemen. In that case matters C2003/5555 and C2003/5583 are withdrawn. The interlocutory order that I made on 17 September 2003 is hereby set aside.

ADJOURNED INDEFINITELY [2.07pm]