C2002/5577, Transcript of Proceedings [2004] AIRCTrans 2362 (24 June 2004)

AUSCRIPT PTY LTD
(Administrator Appointed)
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 7454

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

C2002/5577
C2002/5578
C2002/5579

TELSTRA/CEPU - OPERATORS
(SALARIES AND SPECIFIC
CONDITIONS OF EMPLOYMENT)
AWARD 2001

TELSTRA/CEPU LINES AND
GENERAL (SALARIES AND
SPECIFIC CONDITIONS OF
EMPLOYMENT) AWARD 2001

TELSTRA/CEPU TECHNICAL
AND TRADES STAFF (SALARIES
AND SPECIFIC CONDITIONS OF
EMPLOYMENT) AWARD 2001

Application under section 113 of the Act
by the Communications, Electrical,
Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of
Australia to vary the above awards
concerning reasonable hours

MELBOURNE

2.32 PM, TUESDAY, 15 JUNE 2004

PN1

MR N. BRETAG: I appear for the CEPU in this matter.

PN2

MR D. BRAJEVIC: I appear with MR F. GERDTZ on behalf of Telstra.

PN3

THE COMMISSIONER: Now I have listed this matter for mention. I suppose I should ask whether there is consent that the award be varied. We might do it rather than mentioning it if there is consent. I just assumed I might need to put aside some time.

PN4

MR BRETAG: Commissioner, I would prefer your - what your preferred option is as well. I understand there is a possibility of consent but that Telstra wishes to enter into some dialogue concerning what statement they might wish to make on transcript. I am unaware of the nature of that statement yet. I am happy to - I do not know what your time constraints are but I am happy to entertain them in that regard and see if we can do it today.

PN5

THE COMMISSIONER: All right. Mr Brajevic?

PN6

MR BRAJEVIC: Thank you, sir. To say that we are in a position to consent now - we are not. Just as simple as to say consent to the variations that currently stands. However, we are optimistic that ultimately we can reach a consent position and for sake of expediency we are seeking to clarify the interaction of the variation as sought with our - the company's other awards and agreements and that is something that we would seek to have dialogue with the CEPU over. And we would be seeking to do so over the next fortnight at most.

PN7

THE COMMISSIONER: Yes, Mr Bretag? Do you think they will have effect - the clauses?

PN8

MR BRETAG: Do I think they will have effect?

PN9

THE COMMISSIONER: Yes. Given the operation of the certified agreements?

PN10

MR BRETAG: I believe so.

PN11

THE COMMISSIONER: Yes. Well, what do you think about a discussion over the next fortnight?

PN12

MR BRETAG: I am happy to have a discussion with Telstra, Commissioner. I am aware of the amount of times that this matter has been delayed and so please understand I am not ignoring the history - - -

PN13

THE COMMISSIONER: No. No.

PN14

MR BRETAG: - - - but, you know, with the intent of trying to get a consent vary our position I am happy to have discussions with Telstra but I would indicate that, you know, if those discussions are not successful that we certainly would be pressing the matter when it is next before you.

PN15

THE COMMISSIONER: Yes. Do either parties see any overlap in some of these matters with the 12 hour shift dispute that is before me at the moment?

PN16

MR BRETAG: Commissioner, you have caught me off guard there. I am not aware of any overlap. Perhaps if the Commissioner is of a mind to grant Telstra's stay, if you like, for two weeks I might use that two weeks to research that - - -

PN17

THE COMMISSIONER: Yes.

PN18

MR BRETAG: - - - and get back to you with a position on that because you may be aware of something that I am not..

PN19

THE COMMISSIONER: Mr Brajevic?

PN20

MR BRAJEVIC: I think we would be in a similar position, sir. We have got no intentional overlap with the 12 hour shift dispute that is currently before you.

PN21

THE COMMISSIONER: Well, I only look at the family responsibilities aspect of the matter which seems to be a major plank in the 12 hour shift. If we are to do anything there has got to be some understandings of what is meant rather than words that are intended to have a warm inner glow. They have got to have some practical application. Right. How about a report back, 4.30 on 29 June? Does that suit?

PN22

MR BRETAG: That suits me.

PN23

THE COMMISSIONER: Just to tell me what is going on in planning other days. If you are in furious agreement of course I will vary the award.

PN24

MR BRETAG: That suits me, Commissioner, but it may be a problem to Telstra.

PN25

MR BRAJEVIC: With respect, Commissioner, if possible Mr Gerdtz is away from the office that week - - -

PN26

THE COMMISSIONER: Yes.

PN27

MR BRAJEVIC: - - - returning on I think it is Monday the 5th.

PN28

THE COMMISSIONER: 5 July.

PN29

MR BRAJEVIC: Is it possible to - - -

PN30

THE COMMISSIONER: I will let you know in precisely one second. Monday the 5th. Monday the 5th, 4.30.

PN31

MR BRAJEVIC: Thank you.

PN32

THE COMMISSIONER: Thank you very much. All right gentlemen. See you then. Thank you for your assistance. The matter is adjourned until that time.

ADJOURNED UNTIL MONDAY, 5 JULY 2004 [2.38pm]