C2003/5867, Transcript of Proceedings [2003] AIRCTrans 4763 (29 October 2003)

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TRANSCRIPT OF PROCEEDINGS


AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2003/5867

AUSTRALIAN NURSING FEDERATION

and

FEDERATION HEALTH

Notification pursuant to Section 99 of the Act
of a dispute re failure to consult with ANF

MELBOURNE

11.32 AM, MONDAY, 13 OCTOBER 2003

PN1

THE SENIOR DEPUTY PRESIDENT: Yes, I will take the appearances, please.

PN2

MR B. MEGENNIS: Yes, thank you, your Honour, my name is Megennis, initial B, I appear on behalf of the Australian Nursing Federation, thank you.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Megennis.

PN4

MS A. O'CONNOR: Your Honour, my name is O'Connor, initial L, and I appear on behalf of Federation Health.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, Ms O'Connor. Mr Megennis, it is your notification.

PN6

MR MEGENNIS: Yes, thank you, your Honour. I would like to report since having notified the Commission of a dispute in relation to Federation Health's intentions to make an agreement with their employees pursuant to Section 170LK that based on discussions that have taken place this morning that the management of Federation Health do intend to negotiate an agreement with their employees.

PN7

At this stage, as I understand, the organisation does not yet have a draft agreement in place for the purposes of consultation with the relevant employees, and the unions who represent some of those employees. I am informed that process is taking place to finalise a draft, and that when that is completed the relevant organisations will be provided with an opportunity to consult with Federation Health over those proposed conditions within that agreement, your Honour.

PN8

So up until this date, we weren't aware of those developments and it may very well be that our notification in relation to today's matter be set aside until further notice.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes. Had you tried to contact Federation Health prior to issuing the Section 99 notification?

PN10

MR MEGENNIS: Yes, that is correct, your Honour, we did notify the organisation approximately - I can tell you exactly - on 30 September seeking information from the organisation in relation to their proposed agreement, as we had been informed by employees that the business was intending to make an agreement with their employees. We wrote on 30 September seeking their confirmation of such, and also to be provided with correspondence and a draft agreement.

PN11

We received a response on 6 October from Federation Health confirming their intentions to make an agreement. At that stage we were informed that we would be provided - that is the ANF would be provided with a copy of the proposed agreement by approximately the close of business 8 October. None was received, your Honour. But since that date, and in my discussions with my colleague this morning, there seems to be some progress on that matter.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Megennis. Yes, Mr O'Connor?

PN13

MS O'CONNOR: Your Honour, I would confer with the comments made by Mr Megennis with respect to the discussions. Federation Health had been notified on 30 September, and they actually haven't reached an agreement at this stage. They have been in consultation with a consultative committee at the organisation for about two months, as far as I am aware, and they are in the process of finalising an agreement which they intend to have completed within the next fortnight.

PN14

Upon completion of that draft they will be notifying employees of their right to involve the unions, if that is what they so wish to do to confer with the employer with respect to the agreement as per Section 417LK of the Act, and 170LK Part V, and the employer is also aware of what their obligations are with respect to an appropriate timeframe to allow that conferring to occur.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes.

PN16

MS O'CONNOR: So we would agree with Mr Megennis' proposal that the matter be set aside until there is an agreement, and the due processes have been followed.

PN17

THE SENIOR DEPUTY PRESIDENT: Yes.

PN18

MS O'CONNOR: If it pleases the Commission.

PN19

THE SENIOR DEPUTY PRESIDENT: Well, Mr Megennis, it seems the appropriate course is for either me to dismiss this application or for you to withdraw it.

PN20

MR MEGENNIS: Yes, your Honour, on the basis of that advice we would advise the Commission that the matter be withdrawn.

PN21

THE SENIOR DEPUTY PRESIDENT: Yes.

PN22

MR MEGENNIS: And if necessary, we will seek a re-listing.

PN23

THE SENIOR DEPUTY PRESIDENT: Yes, well, the file will be marked as withdrawn. Thank you.

ADJOURNED INDEFINITELY [11.37am]