AG2004/1560, Transcript of Proceedings [2004] AIRCTrans 4112 (22 October 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 11167

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

AG2004/1560

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LK of the
Act by Alcheringa Hostel Incorporated
for certification of the Alcheringa Hostel
Incorporated Employment Agreement 2004

MELBOURNE

10.18 AM, MONDAY, 4 OCTOBER 2004

Continued from 16.2.04

PN92

THE SENIOR DEPUTY PRESIDENT: Yes, good morning. I will take the appearances again in each matter.

PN93

MR R. NIALL: I seek leave to appear as counsel for the ANF who are the applicant in the LJ agreement and the respondent in the LK agreement matter.

PN94

THE SENIOR DEPUTY PRESIDENT: Respondent?

PN95

MR NIALL: I am sorry, your Honour. They are - - -

PN96

THE SENIOR DEPUTY PRESIDENT: They seek leave to appear?

PN97

MR NIALL: Seek leave to intervene - I think your Honour has granted leave to intervene in the LK agreement on the last occasion.

PN98

THE SENIOR DEPUTY PRESIDENT: Yes, I think I did.

PN99

MR NIALL: Remember, your Honour, I tendered a certificate, I think, from certain employees.

PN100

THE SENIOR DEPUTY PRESIDENT: Yes.

PN101

MR NIALL: If your Honour pleases.

PN102

THE SENIOR DEPUTY PRESIDENT: Yes.

PN103

MR K. DOUGLAS: I seek leave to appear with MR TURNER for Alcheringa, your Honour, both matters.

PN104

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Douglas. I have called both matters on - Mr Yianoulatos, sorry.

PN105

MR J. YIANOULATOS: I appear on behalf of the Health Services Union, for the record.

PN106

THE SENIOR DEPUTY PRESIDENT: Yes. In which matter?

PN107

MR YIANOULATOS: In the LJ certified agreement application, sir.

PN108

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Yianoulatos. I have listed both matters only to give the parties an opportunity to deal with each matter. The LJ matter has been relisted as a result of the direction of the Full Bench on the appeal and that obviously has to be dealt with and I don't know if the parties want to say anything about the LK matter today or not. Mr Douglas, it is probably over to you to begin with because the Full Bench has directed that certain matters be done in relation to the LJ matter at least. How do you want to proceed?

PN109

MR DOUGLAS: Yes, I am happy to do that, your Honour, and deal with that. As to the LK, your Honour, in my submission that should not be dealt with today. It should await your Honour's decision as to the LJ matter.

PN110

THE SENIOR DEPUTY PRESIDENT: Yes, well, that is your application and it wouldn't be opposed, I suspect.

PN111

MR NIALL: No, it is not, your Honour.

PN112

THE SENIOR DEPUTY PRESIDENT: Yes, very well. We will adjourn AG2004/1560 to a date to be fixed and only deal with AG2003/7823.

ADJOURNED INDEFINITELY [10.21am]