AG2004/5149, Transcript of Proceedings [2004] AIRCTrans 2618 (12 July 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 12140

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LARKIN

AG2004/5149

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Buena Vista (Australia) Pty Limited t/as
Disney Theatrical Productions (Australia)
and Another for certification of the Disney
Theatrical Productions Australia Performers
Certified Agreement 2002-2005

SYDNEY

10.38 AM, WEDNESDAY, 30 JUNE 2004

PN1

THE COMMISSIONER: Are there any appearances on this file at all?

PN2

MR D. HAMILTON: If the Commission pleases, I appear for Disney Theatrical Australia.

PN3

THE COMMISSIONER: You're instructed to appear on behalf of Disney, Mr Hamilton?

PN4

MR HAMILTON: Yes, that's correct, Commissioner.

PN5

THE COMMISSIONER: I note there's no appearance on behalf of MEAA. I also note that the listing - on my understanding the file was lodged on 16 June 2004 and further I'm understanding that the registry contacted, I believe, MEAA in relation to original documents. Original documents weren't filed with the application. I believe the registry advised that original documents would be required. I also am of the understanding that my associate advised MEAA that there would be a requirement to lodge original documents on the date of the hearing.

PN6

The notice of listing was forwarded out to the parties on 24 June 2004. That notice on our records was successfully delivered to the parties. I also note that it has a very big please note the parties are required to provide original copies of the application, statutory declarations and agreement prior to or at the hearing. Mr Hamilton, do you have all those original documents?

PN7

MR HAMILTON: No, Commissioner, I didn't realise that this matter was on until I saw it on the law list when I arrived at 80 William Street this morning. I then contacted Disney Theatrical.

PN8

THE COMMISSIONER: But they received a notice of the listing.

PN9

MR HAMILTON: They had received notice. However, the managing director of Disney Theatrical was under the impression that the matter had been cancelled because the paperwork hadn't been done and he didn't realise that it was still listed. I then have just got in contact with the MEAA representative who advised me that they didn't realise it was today either and that - - -

PN10

THE COMMISSIONER: The notice was also forwarded to the Federal Secretary and the New South Wales Branch of that organisation.

PN11

MR HAMILTON: I don't doubt that, Commissioner, and I'm just relaying what my conversation was and obviously they were not attending this morning on the basis that they didn't realise it was on. Unfortunately I can't enlighten the Commission. As I mentioned I just saw it on the law list this morning and am just making sure that the process was going to be followed and acting on behalf of Disney.

PN12

THE COMMISSIONER: But you were instructed to appear for them in proceedings before me.

PN13

MR HAMILTON: That's correct, Commissioner, even though it was albeit late I've still got authority to appear for Disney, if the Commission please.

PN14

THE COMMISSIONER: I note the lodgment of the application was some 49 days or 28 days outside the required time frame to lodge an application as well. Mr Hamilton, I don't see that I can proceed with this.

PN15

MR HAMILTON: I totally agree, Commissioner.

PN16

THE COMMISSIONER: I'm not very impressed. I'm not very happy at all in relation to what has occurred on this particular matter. There's not only time but there's also the expense to this Commission of organising a hearing, so I'm not very impressed at all. I think it's a poor show and I think it's very unprofessional on behalf of the Alliance organisation. I'm simply just going to close the file, Mr Hamilton. If I don't hear anything about it then I'll forward it off to archives and that will be the end of the matter. The Commission stands adjourned. I thank you for your consideration and attendance this morning, Mr Hamilton.

ADJOURNED INDEFINITELY [10.44am]