D2003/28, Transcript of Proceedings [2004] AIRCTrans 32 (8 January 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 8339

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

D2003/28

APPLICATION FOR REGISTRATION BY
AN ASSOCIATION OF EMPLOYEES

Application/Notification under section 18(1)(b)
of the Act - RAO Schedule - by the Rugby League
Professionals Association for registration

SYDNEY

9.13 AM, FRIDAY, 12 DECEMBER 2003

PN1

THE VICE PRESIDENT: There are no changes in appearances. Mr Slevin, this matter has been listed for report back to find out where your application is up to. We had a discussion on a previous occasion about some concerns that the Registry had raised in relation to the rules as filed and the nature of your application. A couple of options were put to the Association for its consideration and I think we left it on the basis that you would be having discussions with them and would be seeking further instructions about the direction the Association wish to take. Are you in a position at this stage to say what that direction might be?

PN2

MR SLEVIN: Yes, certainly, your Honour. There have been a number of discussions since we were before you, also one of the objectors was still to be finalised and probably the easiest first is we finalised the concerns of the Managers and Professionals Association and there is correspondence I can hand up.

PN3

THE VICE PRESIDENT: Thank you.

PN4

MR SLEVIN: Your Honour, the Association would like to proceed with the current application. There have also been since we were last before you discussions with staff in the Registry about the rules and the number of amendments that are required. Given that the Association would like to proceed with the current application, we are bound to seek leave from you to amend the rules. The amendments to the rules are set out in an application which I hand up and they are numerous. They fall under the three headings in section 5 to the schedule. I propose now, your Honour, if I may, to take you through the document and explain to you the reason for the various amendments.

PN5

Before I do that, the discussions with the Managers Association were finalised yesterday, so we haven't filed this application in the Registry nor have we served the other objectors. What I was going to propose, your Honour, that if you were minded to grant leave perhaps you would give us some time. We also seek leave to be alleviated from whatever rules there are so far as lodging matters are concerned.

PN6

THE VICE PRESIDENT: Yes. It occurs to me that it might have it slightly round the wrong way inasmuch as my preference would be to provide a process where if you can file a document which is no doubt is along the lines of what you are about to put to me anyway, it would save then having to serve something additional on the objecting organisations. If you could file a short statement as to the effect of the changes, then serve a copy of that document plus your application for leave to alter the rules on the objecting organisations, I will write to each of the objecting organisations indicating that - let me go back a moment.

PN7

Rather than you serving it, if you provide me with the document explaining the nature of the alterations and the basis on which you are seeking leave to alter the rules, the process that the Association has gone through to alter those rules, etcetera, and that that process is in compliance with the existing rules, then that material, those two documents in essence, explanatory document and the document you have just handed up, the application for leave to alter, I would send that to each of the objectors together with a letter indicating that you have made the application, and I would provide them with an opportunity to make any comment or raise any objection they have to the granting of leave to alter the rules in the manner you seek. If there is no objection by a specified time, I would probably put it on that basis, then I may well grant leave to alter the rules without the need for a further hearing.

PN8

I would only hold a further hearing if there was an argument being advanced by one or other of the parties or if I had on reading the material any issue or question for you, then I would deal with it further. That might be the most expeditious way, because you putting it on the record, I would still need to get some sort of explanatory document to the others anyway. It would save you the trouble of doing that now. I will read the material you file and if I have any questions then I will raise them with you. Let us assume for a moment that there is no objection and assume that I am content to alter the rules in the manner you are proposing. I take it then that that addresses the concerns that have been raised by the Registry in relation to the application?

PN9

MR SLEVIN: Yes.

PN10

THE VICE PRESIDENT: I notice one of the alterations just quickly on the constitution, it deals with the objecting organisations or refers to them, it's in a question of listing the matter for the determination of the objections. Do you have a feeling for how those discussions are going and whether you expect them to be resolved or - what is your level of confidence about that?

PN11

MR SLEVIN: We understand that they are resolved, the change in rule 3 to the constitution satisfies all of the objective organisations.

PN12

THE VICE PRESIDENT: I might have expressed some surprise that MEAA hadn't objected on the last occasion, not because I being an AFL supporter think there is a relationship between Rugby League players and actors, but MEAA has had some interest in professional force representation in the last. I take it you have not heard from them.

PN13

MR SLEVIN: Well, there were discussions prior to the application being lodged, your Honour, and there is a big difference between actors and Rugby League players.

PN14

THE VICE PRESIDENT: Yes, quite, yes.

PN15

MR SLEVIN: Rugby League players do get hurt. In what you have said, your Honour, there is just one matter. As we understand section 25 of the schedule, the timing of it is that the Association is given leave to amend the rule and then goes away and amends the rule rather than having amended the rule prior to coming to seek the leave. There was some discussion with the Registry about the timing of things and it was decided that perhaps that was the safest way to go about that.

PN16

THE VICE PRESIDENT: What section?

PN17

MR SLEVIN: Section 25 of the schedule.

PN18

THE VICE PRESIDENT: Just bear with me for a moment. Yes, I see, that seems to follow from the language you used.

PN19

MR SLEVIN: What has happened thus far is that the board of the Association has met, they have seen the proposed alterations, they have adopted them for the purpose of coming here to seek leave to alter them and the processes would have been put into train to then go ahead and make the alterations at an annual general meeting in early January, so just so that it is clear in your mind, your Honour, that is what is proposed to be done. If I could just take you to the document, your Honour.

PN20

THE VICE PRESIDENT: How soon do you think you can file the explanatory documentation?

PN21

MR SLEVIN: I imagine we could do that by Monday after, your Honour. I will take you to it just briefly. The alterations fall under the three headings enabling the rules to comply with the schedule to remove grounds of objection and to correct formal errors such as ambiguities, spelling mistakes, grammar and the like. The document that is handed up is a copy of the rules with markings as to where the changes have been made, the rules as filed.

PN22

The first of the changes is in rule 3, it deals with the objections of the organisations. There are some typographical changes at 4.5 and 4.7. There is a change relating to grammar at 4.1.3, again at 5.1.3 and 5.1.4. In 5.1.2 the word "constitution" has been replaced with "rules" to avoid an ambiguity. There is a typographical error in the numbering of 5.1.5. There is a grammatical error in 8.2.1.2. 8.3 is a variation to remove ambiguity and to ensure that there is compliance with the schedule.

PN23

At 13.1 there is a grammatical correction, a correction in the punctuation. A date is changed in relation to the annual general meeting about audited balance sheets, it is to remove an ambiguity at 13.1.2. At 13.1.6 there is a grammatical change, punctuation again, the same at 14.1 and 16, at 16.3 there is a change to remove ambiguity. At 16.6 the use of the word "officer" was probably incorrect, so that has been changed.

PN24

THE VICE PRESIDENT: Because it has a specified legal meaning.

PN25

MR SLEVIN: That's right, your Honour, that is the reason for that amendment. There is a grammatical change at 17.1, the same at 17.2. At 18.1 there was some ambiguity about the role of voters who appear on the role and so the wording has been changed to remove that ambiguity. At 18.1.2, that's grammatical. 18.1.4.3 again relates to the role of voters, removes that ambiguity. At 18.2.1 there was an incorrect reference to an officer, that's the reason for that change. At 18.2.5, that's grammatical, 18.2.6 through to 18.2.1, there have been changes to the numbering just to clarify that typographical error.

PN26

At 20.1 there is a grammatical error, at 20.1.3 also there is a grammatical error. Also, at the top of each page the word "draft" is crossed out. There are some typographical corrections in 27. There is a grammatical error or full reference to the Industrial Commission at 31.2. At 32.6 there are some grammatical changes. At 33, just some changes to make sure there is compliance with the schedule in relation to the auditor and the removal of the auditor, there was some ambiguity previously.

PN27

At 34.1 there is a grammatical error, as at 34.1.5, 34.2.1 and 34.2.4, they are all changes in order to correct grammar and remove ambiguity, the same with 35.1, 35.2.3. In 39 there were some ambiguities arising about the transitional operation of the rules and after discussions with the Registry the changes that appear there were made. In rule 40.3, there is a punctuation change. That is the nature of those changes, your Honour, and we will put those in a schedule as you have asked and file it on Monday afternoon.

PN28

THE VICE PRESIDENT: Can I just revisit that for a moment, that's still the course I propose but it occurs to me that if you have an annual or a general meeting organised in early January then the preferable course is for me to now on the basis of what you have put and having regard to the provisions of section 25 of the schedule, that I should grant leave for you to amend the rules or to alter your rules for the reasons that you have identified. Those amendments will enable the Association to comply with the schedule and to remove grounds of objections taken by objectors and to correct formal errors in the rules, to remove ambiguities, spelling or grammatical errors or to correct the incorrect references to an organisation or a person.

PN29

It seems to me on the basis of what you have put that the alterations fall into the categories specified in section 25(1) paragraphs (a) (b) and (c). For that reason I can see no reason why I should not grant leave to alter the rules. The position of the objectors is not adversely affected inasmuch as you have indicated the objections have been resolved but in any event the objectors will be served with both a copy of your application for leave to alter rules and an explanatory document. In the event that they have any concerns in relation to any of those alterations, an opportunity will be provided to voice those concerns at the hearing of the substantive application.

PN30

On that basis, I would grant leave in the manner you seek, Mr Slevin. I think the danger if I adopt the alternate process is that given the fact that it is in the Christmas period you might not get an answer in time for your scheduled annual general meeting and I don't want to inconvenience the applicant to that extent.

PN31

MR SLEVIN: Thank you, your Honour.

PN32

THE VICE PRESIDENT: All right, if there is nothing further in relation to that matter - do you have any idea as to when you will be ready to proceed with the substantive application?

PN33

MR SLEVIN: Well, we hope that all matters will be finalised at the annual general meeting on 7 January, so perhaps we could have leave to contact your office shortly after that to arrange a time.

PN34

THE VICE PRESIDENT: Certainly. Unless there is a pressing reason why it needs to be earlier, I would probably schedule it for the next time I am likely to be in Sydney, which would be the week beginning 9 February. If there is an urgency with it, I know there was some urgency earlier in relation to the application, if it needs to be earlier it can be but in the normal course I would put it on with a number of other matters rather coming up for what may end up being quite a short hearing.

PN35

MR SLEVIN: No, with the greatest respect, your Honour, the week of 9 February sounds fine to us.

PN36

THE VICE PRESIDENT: As you say, if you would contact my associate and let her know after your meeting where the matter stands. If there is nothing further, I will adjourn.

ADJOURNED ACCORDINGLY [9.31am]