D2003/32, Transcript of Proceedings [2003] AIRCTrans 5379 (5 December 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N 5380

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

D2003/32

APPLICATION FOR ALTERATION OF
ELIGIBILITY RULES

Application under section 158(1) RAO Schedule
by Australian Education Union to alter rule
5(4)(a) insertion of the phrase "or the Adult
Multicultural Education Service (howsoever
called) in the State of Victoria

MELBOURNE

9.33 AM, WEDNESDAY, 19 NOVEMBER 2003

PN1

MS L. GALE: I appear on behalf of the Australian Education Union.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Ms Gale. I listed this matter to ascertain if the parties had - that is, the objectors and the applicant - had any discussions about resolving the objection. I see the objector, the only one, that is CPSU, has not appeared here today. Have you had any communication with him, Ms Gale?

PN3

MS GALE: Yes, your Honour, we have. The parties have had fairly constructive discussions, and we believe that we are well on the way towards a settlement of the CPSUs objection. The rule change that we are seeking is, in fact, resulting effectively from the change in the employment relationship within the state of Victoria, that people who were previously employed in one manner are now employed in a devolved manner by a particular college in the public education system in Victoria. So the application is not in the nature of an expansion of the rules, and the nature of the CPSUs objection in practice is therefore reasonably narrow.

PN4

We are, as I said, confident of actually reaching a very early settlement of that objection, and therefore would request that the matter be listed for hearing rather than for report back, because we expect to be able to report that those negotiations are concluded very shortly.

PN5

THE SENIOR DEPUTY PRESIDENT: Well, how far away do you want the application listed for hearing?

PN6

MS GALE: Well, I understand that dates before Christmas are a little hard to come by.

PN7

THE SENIOR DEPUTY PRESIDENT: I don't think you will get any dates before Christmas.

PN8

MS GALE: And due to the holding of the AEUs own annual conference in January, we would suggest that February would be an appropriate time, if that is possible.

PN9

THE SENIOR DEPUTY PRESIDENT: We will just go off the record for a moment.

OFF THE RECORD

PN10

THE SENIOR DEPUTY PRESIDENT: During a brief adjournment I have discussed a possible hearing date, and it has been decided that I will fix the matter for hearing at 10 am on 9 February. I direct the parties, that is the CPSU and AEU, to continue their discussions with a view to resolving the objection. In the event that the parties feel that they would be assisted by a conciliation in the matter, then perhaps you, Ms Gale, can contact my associate and arrange for a listing for conciliation. Otherwise the matter will come on for hearing on 9 February. The matter is adjourned.

ADJOURNED UNTIL MONDAY, 9 FEBRUARY 2004 [9.37am]