C2003/5883, Transcript of Proceedings [2004] AIRCTrans 239 (9 January 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 5797

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

C2003/5883

NATIONAL TERTIARY EDUCATION
INDUSTRY UNION

and

MONASH UNIVERSITY

Application under section 170LW of the Act for
settlement of dispute re alleged inappropriate
application of clause 14 of the agreement in
relation to an employee

MELBOURNE

10.00 AM, MONDAY, 22 DECEMBER 2003

Continued from 4.12.03

PN99

THE DEPUTY PRESIDENT: Yes, I note there are no changes to the appearances.

PN100

MR RYAN: No.

PN101

THE DEPUTY PRESIDENT: Thank you. Mr Ryan, have you anything to put to me as to how this matter should proceed?

PN102

MR RYAN: We both have actually, we have had a quick chat before you came in, and we have got a proposal to put, which Graham will hand up to you.

PN103

MR SMITH: We have a consent position.

PN104

MR RYAN: Yes.

PN105

THE DEPUTY PRESIDENT: Thank you.

PN106

MR SMITH: Which we hope meets the Commission's timetables.

PN107

THE DEPUTY PRESIDENT: Yes, you might like to talk me through it, Mr Smith?

PN108

MR SMITH: I will talk you through it. Mr Ryan is going on an extended period of leave, and so it is going to be difficult for him to put in his material before 30 January. So he is - in fact, you will see I was originally proposing the 23rd - - -

PN109

THE DEPUTY PRESIDENT: Yes.

PN110

MR SMITH: But he would prefer the 30 January. That is for him to file and serve written submissions. I won't read all the detail, because you will be able to do that.

PN111

THE DEPUTY PRESIDENT: Yes.

PN112

MR SMITH: And witness statements. And then the University then to file its material by 13 February. Then a reply, if it wishes - - -

PN113

THE DEPUTY PRESIDENT: I am sorry, the 20 February, is it not?

PN114

MR SMITH: No, have you got the 13th?

PN115

MR RYAN: No.

PN116

THE DEPUTY PRESIDENT: I am sorry, I am reading ahead of myself, sorry.

PN117

MR SMITH: Yes. No, the reply by the - the University's material in response, by 13 February.

PN118

THE DEPUTY PRESIDENT: Yes.

PN119

MR SMITH: And then the 20 February for any reply by the Union, and we are hoping for an arbitration on 1 and 2 March, because that is when my counsel is available. We are just not sure about your diary.

PN120

THE DEPUTY PRESIDENT: I think we have got every month but March. But we might just have to take a second and we will just go and check on March.

PN121

MR SMITH: Yes. Putting aside the issue of the dates, you will see that we think about two days, because there are going to be six witnesses, by the look of it. That is our current estimate, and we agree on those six names.

PN122

THE DEPUTY PRESIDENT: Yes. That may be a little bit optimistic in my experience, Mr Smith.

PN123

MR SMITH: Well, I think some of them will be fairly brief.

PN124

THE DEPUTY PRESIDENT: Will they?

PN125

MR SMITH: Yes, I would have hoped that we could do it in two days.

PN126

THE DEPUTY PRESIDENT: Right.

PN127

MR SMITH: And that we could agree on some factual material.

PN128

THE DEPUTY PRESIDENT: Yes.

PN129

MR SMITH: So I think that is probably reasonable. Also, Mr Ryan has undertaken to provide as part of the Union's material any documents that are in the possession or control of Mr Austin Rickell, relating to the breakdown in terms of time of the performance of Cheryl Doherty by Cheryl Doherty of her duties. So you will see in the document I foreshadowed a subpoena, but Mr Ryan has agreed or undertaken to provide that material. So we don't need a subpoena on that basis.

PN130

THE DEPUTY PRESIDENT: Right.

PN131

MR SMITH: So we are really down just to the dates upon which your Honour might be available.

PN132

THE DEPUTY PRESIDENT: All right. Well, that makes it easy, Mr Smith. I think those dates should be fine. The only thing that may intervene are - if it happens to be an arbitration week or it is rostered for a full bench, and I can't recall anything. We should have that answer in just a moment. Do you have any alternative dates, Mr Smith?

PN133

MR SMITH: He didn't. I quizzed him. He has got a number of appeals. This is Mr Bourke, yes.

PN134

THE DEPUTY PRESIDENT: I have a statutory conference on those days.

PN135

MR SMITH: Do you? Okay.

PN136

THE DEPUTY PRESIDENT: Which would make those days extremely difficult from my point of view.

PN137

MR SMITH: All right. Could we leave it on the basis that I will come back to you later today - - -

PN138

THE DEPUTY PRESIDENT: Yes, I - - -

PN139

MR SMITH: - - - after I have spoken to Mr Ryan, and see if there are any alternate dates. Maybe if you could perhaps indicates some dates in early March?

PN140

THE DEPUTY PRESIDENT: Yes, I have - well, those days that I have already mentioned, which are not available. The date of 10 March, I am currently rostered on call-overs. And on 15 to 19 March is a multi-arbitration week. Other than, March is okay.

PN141

MR SMITH: So other than the 1st and 2nd - - -

PN142

THE DEPUTY PRESIDENT: The 1st and 2nd, the 10th, and 15th to 19th.

PN143

MR SMITH: The 15th to 19th.

PN144

THE DEPUTY PRESIDENT: Yes.

PN145

MR SMITH: Any other days in March would be okay.

PN146

THE DEPUTY PRESIDENT: Yes.

PN147

MR SMITH: All right. Well, perhaps if I could just come back to you later in the day, that would - if that is convenient?

PN148

THE DEPUTY PRESIDENT: Yes. All right, well I will hold onto these proposed directions until such time as you get back to me, and then on the basis of the dates - presumably you will have cleared whatever alternative dates that you come back to me with, with Mr Ryan?

PN149

MR SMITH: Absolutely, yes.

PN150

MR RYAN: Yes.

PN151

THE DEPUTY PRESIDENT: Yes. Well, once I get those alternative dates I will then issue the directions in substantially the same form as proposed by the parties.

PN152

MR SMITH: Good.

PN153

THE DEPUTY PRESIDENT: All right.

ADJOURNED ACCORDINGLY [10.07am]