C2004/3368, Transcript of Proceedings [2004] AIRCTrans 3150 (11 August 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N12751

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

C2004/3368

ENGLISH COLLEGES AWARD 1998

Application under section 113 of the Act
by the Independent Education Union of
Australia to vary the above award re
payment of wages

SYDNEY

10.07 AM, FRIDAY, 30 JULY 2004

Continued from 24.6.04

THE FOLLOWING PROCEEDINGS WERE CONDUCTED BY VIDEO-LINK

PN77

THE SENIOR DEPUTY PRESIDENT: Are there any variation to appearances? All right then. Ms Heron, would you care to give me the union's report in this matter?

PN78

MS HERON: The report is very similar to what we said at the last matter. However, we have had discussions with a number of the larger colleges, one being Illawarra Technology Corporation, and ACL, to look at how this application would actually affect them. We have had - yesterday we spoke with ITC and two weeks ago I spoke with ACL, who is the largest employer of teachers in the english language area. Both of those colleges have indicated to me that they wanted to come to some agreement regarding our application.

PN79

They both - why the application as it currently stands it would be different from their employment practices that they currently have. The union's view is that as they had, I suppose, the level of very little casual employment within both of those colleges, and the manner that they deal with casual and sessional teachers is quite different from the general practice within the industry. So we are actually hopeful of reaching some type of understanding with those colleges in terms of our application where they will not oppose the application.

PN80

THE SENIOR DEPUTY PRESIDENT: Is there anything else you wish to put on the record? Mr Ronfeldt?

PN81

MR RONFELDT: Your Honour, I can confirm that that which Ms Heron put to you, which is that we have had some discussions with the IEU and we are hoping that we can resolve this matter by one way or another through discussion, and that is the reason why we supported the proposal for further conciliation in the matter. I am also instructed to indicate that we have no concerns in relation to the variations proposed by schedule A. Thank you, your Honour.

PN82

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Ronfeldt. Mr Sheehan?

PN83

MR SHEEHAN: Sir, we don't represent anyone in this particular matter, but if I can possibly just make one additional comment. Mr Ronfeldt in Melbourne has pricked my memory on this, that our particular employers that we represent also do not oppose schedule A as proposed by the union in the previous matter. Thank you, sir.

PN84

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Pollard?

PN85

MR POLLARD: Your Honour, my submissions are largely as put in the previous matter. Again, the vast majority of my clients consent to schedule A as proposed, as discussed between ourselves and the union and supplied to the union yesterday. However, Holmes Colleges objects, and wishes to have that matter arbitrated.

PN86

THE SENIOR DEPUTY PRESIDENT: Yes. One of the things that we may discuss in the conciliation process is whether there is any sensible way of advancing those institutions which have agreed to parts or wholes of applications that have been made.

PN87

MR POLLARD: Yes.

PN88

THE SENIOR DEPUTY PRESIDENT: Mr Watts, as far as I am concerned I have ruled in respect of the application by the ACTU for intervention, and unless any of the employer representatives specifically want me to consider something fresh, I believe that that matter has been dealt with.

PN89

MR WATTS: Thank you, your Honour.

PN90

THE SENIOR DEPUTY PRESIDENT: I don't think there is anything else to be done in this matter. I think I adjourn this also until Wednesday, 18 August, in Sydney, at 9.30 am. Now, I adjourn the Commission this morning.

ADJOURNED UNTIL WEDNESDAY, 18 AUGUST 2004 [10.12am]