AG2004/1198, Transcript of Proceedings [2004] AIRCTrans 1553 (26 April 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 443

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT McCARTHY

AG2004/1198

APPLICATION FOR VARIATION OF
CERTIFIED AGREEMENT

Application under section 170MD(6) of the Act
by Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services
Union of Australia-Electrical Division Western
Australian Divisional Branch re interpretation of
certified agreement

PERTH

10.07 AM, THURSDAY, 15 APRIL 2004

PN1

MR C. YOUNG: I appear on behalf of the applicant union.

PN2

THE DEPUTY PRESIDENT: Thank you Mr Young. I note and I assume there is no appearance on behalf of other parties to the agreement?

PN3

MR YOUNG: Sir, I understand that having a look at the notice of listing there appears to have been some confusion, certainly on my behalf and on behalf of Mr Mitchell, the CEPU did receive the notice of listing that was faxed on 30 March to Mr Mitchell. Unfortunately on the face of the notice of listing it does not request that the applicant forward this notice of listing to the respondent and notify the respondent, that is the respondent employer in this matter. Your Honour it has been remiss both by myself and Mr Mitchell that the respondent has not been informed of today's hearing. Both of us were under the assumption that a copy of this notice of listing had been sent by the Commission as appears to be the practice in other matters. That was an oversight on behalf of both myself and Mr Mitchell.

PN4

THE DEPUTY PRESIDENT: Well the rules specifically require that the applicant serve a copy of the application and the notice of hearing on other persons bound by the certified agreement, so being your application that would be the normal practice in these sorts of matters Mr Young that the notice of hearing gets served on you as the applicant, who is then required to serve it on the other parties. So that hasn't occurred. Look in those circumstances unless I can be provided with some evidence as to - and some compelling reasons why it should proceed in the absence of the other parties to the agreement, the matter will be adjourned. Do you have any view on that?

PN5

MR YOUNG: Sir, the notice of listing has not been served on the respondent, I cannot, in any good conscience, ask that today's matters proceed and I would seek the matter be adjourned.

PN6

THE DEPUTY PRESIDENT: I will adjourn it on that basis then Mr Young and new notices of listing will be served on you and as I've just indicated there is an obligation on you to serve it on to the other parties to the agreement.

PN7

MR YOUNG: Yes sir.

PN8

THE DEPUTY PRESIDENT: This matter is adjourned.

ADJOURNED INDEFINITELY [10.11am]