AG2004/1198, Transcript of Proceedings [2004] AIRCTrans 1785 (14 May 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 485

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

10.05 AM, MONDAY, 3 MAY 2004

Continued from 22.04.04

PN229

THE DEPUTY PRESIDENT: Yes, appearances are the same, I take it. Mr Young?

PN230

MR C. YOUNG: Yes, thank you, sir. Sir, I have had an opportunity to discuss this application with Mr Mitchell, both last week upon receipt of the transcript and again further, this morning. My instructions from Mr Mitchell are that on behalf of the applicant, I seek leave to discontinue the current application before the Commission. That instruction only came to me this morning when there were further discussions with Mr Mitchell. My apologies for the lateness of the advice to the Commission but I formally request, sir, this application either be withdrawn or discontinued.

PN231

THE DEPUTY PRESIDENT: Yes. So if I dismiss it on the basis of an application to withdraw, that way the file will be closed and the matter, if you wish to re-agitate it, then you will need a fresh application.

PN232

MR YOUNG: Yes, sir. That is understood.

PN233

THE DEPUTY PRESIDENT: That is understood. Mr Richardson, I take it you have vehement objection to that?

PN234

MR RICHARDSON: Certainly we have no objection at all, Deputy President but it may be appropriate that we place on the record that the employer may wish to have some discussions with the union about this issue in any event, sir, outside the Commission as a forum, to see if there is any ongoing or uncertainty or ambiguity about the application which actually did trigger the claim in the first instance.

PN235

THE DEPUTY PRESIDENT: Yes. Well I would hope those discussions do take place, Mr Richardson, and I would expect that they do if there is any element of disagreement between the parties, it is appropriate that those discussions do take place. If there is any way that the Commission can assist the parties if there is any hurdles along the way, then the appropriate avenues are available. Thank you, Mr Richardson. Thank you, Mr Young. I appreciate that you received that advice at late notice and no offence is taken and everything was done in the circumstances that could be done. This matter will be dismissed on the basis of the application by the applicant to discontinue it. This matter is adjourned.

ADJOURNED INDEFINITELY [10.07am]