C2004/2378, Transcript of Proceedings [2004] AIRCTrans 1268 (2 April 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6557

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2004/2378

HEALTH SERVICES UNION OF AUSTRALIA

and

FREEMASONS HOSPITAL

Notification pursuant to section 99 of the Act
of a dispute re the standing down of a Health
Services Union member at the Freemasons Hospital

MELBOURNE

10.15 AM, THURSDAY, 18 MARCH 2004

PN1

MR G. PARGETER: I appear on behalf of the Health Services Union. We are here today regarding - - -

PN2

THE SENIOR DEPUTY PRESIDENT: Just a minute, who is appearing for the employer?

PN3

MS B. WEARNE: I seek leave to appear for the Freemasons Hospital.

PN4

THE SENIOR DEPUTY PRESIDENT: Do you appear as a solicitor?

PN5

MS WEARNE: I appear as a solicitor, yes, your Honour.

PN6

THE SENIOR DEPUTY PRESIDENT: Any objection Mr Pargeter?

PN7

MR PARGETER: No, that is fine.

PN8

THE SENIOR DEPUTY PRESIDENT: Leave is granted. Yes?

PN9

MR PARGETER: We are here today to as said as a section 99 a dispute that was raised. There has been an eleventh hour result, your Honour, and the standing down of our member has been revoked and we are in discussions regarding outstanding matters that relate to this case. Even as late as this morning we are having telephone conversations around the outstanding matters that we still have. They relate mainly to copy of reports that - a copy of a report that is yet to be finalised and there is also an apology that the form of words that we have yet to determine. So we are at that sort of point, your Honour. It has been - our member has had complaints ranging back over 17 months or so around bullying and intimidation and it has come to a head just recently, and our member was stood down as my colleague over here - as she acknowledged this morning it was an over-reaction, the standing down of our member as a result of some counter claims that were made.

PN10

We look on track for that for our member to be resuming her duties next week at the earliest possible opportunity. It is just that there are some outstanding matters and I guess we are at the point now where we would like to determine the form of those words, and perhaps adjourn the hearing for a date to be set to get back to you if we can't resolve these outstanding matters. Thank you.

PN11

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Wearne?

PN12

MS WEARNE: I was hopeful, your Honour, of standing the matter down for about I would think it would take 45 minutes to settle the one outstanding matter and hopefully not have to re-list the matter, and let your associate know at the end of that time whether we have achieved that goal.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes. And if not for me to see if I can help you achieve that goal, is that your proposal?

PN14

MS WEARNE: In conference possibly. I should give it some short time and if I think it is not going to resolve I won't waste the Commission's time and bring it back before you sooner rather than later, within the first 10 minutes. If your Honour is disposed to moving into conference to assist the parties to facilitate an agreed form of words, if little progress is made to that end.

PN15

THE SENIOR DEPUTY PRESIDENT: It sounds as though great progress has been made. Mr Pargeter is that an acceptable position?

PN16

MR PARGETER: Yes.

PN17

THE SENIOR DEPUTY PRESIDENT: I will stand the matter down and you let me know whether I am required further or not.

PN18

MS WEARNE: Thank you, your Honour. If your Honour pleases.

NO FURTHER PROCEEDINGS RECORDED