C2003/293, Transcript of Proceedings [2003] AIRCTrans 5546 (11 December 2003)

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TRANSCRIPT OF PROCEEDINGS

O/N 010

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER THATCHER

C2003/293

COMMUNITY AND PUBLIC SECTOR UNION -
SPSF GROUP, WESTERN AUSTRALIAN BRANCH

and

MURDOCH UNIVERSITY and ANOTHER

Application under section 170LW of the Act
for settlement of dispute re termination
of a union member's contract

PERTH

10.32 AM, THURSDAY, 27 NOVEMBER 2003

Continued from 26.11.03

PN323

THE COMMISSIONER: Thank you. There is a degree of urgency for the Commission to give its decision on the subject matter of yesterday's hearing. This is because Mr Samuelu is due to finish employment and with his large family vacate the university on-campus accommodation on Tuesday 2 December 2003. And the CPSU has indicated that, subject to the Commission finding it has jurisdiction, it will seek interim orders from the Commission that would prevent those actions from occurring. Having had the opportunity to consider the submissions, I am in a position to provide a brief ex tempore decision on the jurisdictional objection.

PN324

I will publish the reasons for my decision in writing as soon as practicable. I have decided that there is no dispute over the application of the relevant agreement within the terms of section 170LW of the Act. Therefore, the Commission does not have power to arbitrate on the matter. The CPSU application is dismissed. Adjourned. The Court is adjourned.

ADJOURNED INDEFINITELY [10.34am]