C2003/368, Transcript of Proceedings [2004] AIRCTrans 1529 (21 April 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 10888

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

C2003/368

DEPARTMENT OF THE PREMIER
AND CABINET (VICTORIA)

and

THE COMMUNITY AND PUBLIC
SECTOR UNION

Application under section 170LW of the
Act for settlement of dispute re clause 11.3
regarding Career Structure

MELBOURNE

10.05 AM, TUESDAY, 13 APRIL 2004

Continued from 9.3.04

PN129

THE COMMISSIONER: It is a happy existence, isn't it? The last thing I see on a Thursday, and the first thing I see on a Monday. Mr Ewer, you have asked for the matter to be re-listed.

PN130

MR EWER: We have, Commissioner. There are two matters that we seek your assistance on. The first is an interpretation that the Crown has placed upon clause 4.3 of the Exceptional Matters order, which we say is a forensic and provocative interpretation, which clearly contravenes the intent of the parties. And the second matter relates to an interpretation of clause 3.4, which has been before you previously in private conference regarding the local interpretation of the wording of the Performance Standards.

PN131

As you will gather from the tone of our letter to you on 6 April, we are extremely frustrated over these matters. And I should advise you that we have written separately to the Premier about them, but have received no reply at this time. We would be happy for the matter to proceed now into conference, but we will be seeking you to issue a statement on these matters, if the Commission pleases.

PN132

THE COMMISSIONER: Thank you. Mr Wright.

PN133

MR WRIGHT: If the Commission pleases, I think perhaps these issues are best dealt with in the first instance in conference.

PN134

THE COMMISSIONER: Very well. Adjourn into conference.

NO FURTHER PROCEEDINGS RECORDED