C2003/1904, Transcript of Proceedings [2003] AIRCTrans 4977 (11 November 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
PO Box A2405 SYDNEY SOUTH NSW 1235
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

C2003/1904

AUSTRALIAN SERVICES UNION

and

QANTAS AIRWAYS LIMITED

Application under section 170LW of the Act
for settlement of dispute re restructuring
in Qantas Flight Catering Limited

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

SYDNEY

TUESDAY, 28 OCTOBER 2003

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [10.40am]

PN1

THE COMMISSIONER: What I propose to do is this and that is to issue a summons to produce returnable to the Commission by next Wednesday, 5 November but only in respect of the assessments and results of interview records for the following persons and they are the seven involved. I don't propose to go any further than that.

PN2

By midday on Friday, 31 October, I want the ASU to write to Ms Hole or one of the McKenzies indicating (1) whether the position of each of the seven people, do they still seek what is set out on 10 June? Some people might be delighted with the position they're currently in and don't want to move, we want to know that and some of those people who have left may not want to be involved.

PN3

Now, that means that some of the preliminary work of getting these assessment records and interview records together may be short circuited. We still have three days if everybody is interested to get it together, but I think it's appropriate because they might not be that easy to contact until Friday. Then I was proposing that by Wednesday, 19 November the ASU file and serve its witness statements and contentions and then by 5 December which is a Friday by Qantas and to list the matter for at least the initial part of what might be a longer hearing on Wednesday the 17th and Thursday, 18 December.

PN4

Now, I appreciate Qantas has a different view as to what the Commission should be hearing and the ASU has as I said a different view. It seems to me we can spend a lot of time arguing about that and I guess you run your case as you think it ought to be run and you respond accordingly. It might very well be that there'll be changes throughout this process. As I said, Ms Maiden, it may very well be that something will emerge that will cause the Commission to seek additional evidence concerning others or concerning successful people. Well, that might be or might not be but at this stage, I think there's no reason to do so.

PN5

What I do ask Qantas perhaps is given that I seek to have those documents produced by next Wednesday, will they be produced and will ASU have access to them and if so, can they just be given to the ASU directly or do we have to have a hearing about it?

PN6

MS McKENZIE: I'll get some instructions, Commissioner, but I think if it's confined to the seven individuals, I think that's probably - - -

PN7

THE COMMISSIONER: Yes, it's not much different to a requirement to get all their employee records. I know this is not a dismissal as such.

PN8

MS McKENZIE: I don't anticipate that's going to be a difficulty. Perhaps if I can notify your associate as soon possible if we need to come here and have an argument.

PN9

THE COMMISSIONER: Yes, because if it's the case, maybe it can all be sent to Ms Maiden's office.

PN10

MS McKENZIE: Yes, I think that should be all right, Commissioner.

PN11

THE COMMISSIONER: Well, on that basis, these proceedings are now adjourned until 9.30 on the 17th and 18th. Thank you.

END OF EXTRACT