D2003/2, Transcript of Proceedings [2004] AIRCTrans 4230 (2 November 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
PO Box A2405 SYDNEY SOUTH NSW 1235
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 14447

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

D2003/2

APPLICATION UNDER SECTION 188(1)(b)
FILED BY AUSTRALIAN WRITERS' GUILD
ASSOCIATION FOR REGISTRATION AS AN
ASSOCIATION OF EMPLOYEES

SYDNEY

9.42 AM, FRIDAY, 22 OCTOBER 2004

Continued from 16.9.04

PN225

THE VICE PRESIDENT: Can I have the appearances, please?

PN226

MS M. ELLIOTT: If it pleases your Honour, Megan Elliott, Executive Director Australian Writers' Guild.

PN227

MR S. RAHUI: National Industrial Officer, Australian Writers' Guild.

PN228

MR A. LESZCZYNSKI: If it pleases your Honour, National Industrial Officer, Australian Writers' Guild.

PN229

MR RAHUI: Since we last appeared in front of you we were granted leave to amend our rules to complete the following process. An extraordinary general meeting of the association was called on 12 October and the amended rules were unanimously adopted by all members present. A statement was prepared by Simon Hopkinson dated 13 October 2004, outlining the procedure that we undertook to call the meeting and to effect the rule change procedures. This statement along with a signed copy of the minutes were forwarded to your Honour with a copy to the registry by express post on 13 October. This is done to comply with the provisions under regulation 40. Also in compliance with the regulation 40 we've also provided all objective parties to our application for registration with a copy of the amended rules of the association.

PN230

Your Honour, since we made the initial application in January 2003 there have been some subsequent changes to the initial application. Please accept this statement to provide current and up to date membership lists which also includes the employee members and also the current names, occupation and addresses of the officers of the association.

PN231

THE VICE PRESIDENT: Thank you. I might mark the correspondence of 13 October with the attachments as exhibit A4 and the statement by the President of the Association as exhibit A5.

EXHIBIT #A4 CORRESPONDENCE WITH ATTACHMENTS

EXHIBIT #A5 STATEMENT BY PRESIDENT OF THE ASSOCIATION

PN232

MR RAHUI: Your Honour, in support of our application we believe that the association has satisfied the requirements of the Act in relation to the application for registration as an industrial organisation. We believe that we have met the principle objects of the Act and that currently our rules support the principles outlined in section 3 of the Act. With regard to our specific application for registration as an industrial organisation under section 188B(1) of the Act we believe that we comply and that the list of current members we've just submitted to your Honour is made up of the officers, employees and independent contractors of the association.

PN233

We believe that we satisfy the requirements of section 189 and that we are a genuine organisation formed for the purposes of furthering the interests of our members. At present the membership of the association consists of more than 50 employees. We've structured our rules to comply with the Workplace Relations Act. Over the past 40 years we've complied with our obligations consistent with corporations law and there's no suggestion that we shall not be able to comply with the requirements of the Workplace Relations Act.

PN234

There is no current suggestion that with a name that is the same or similar to any other registered organisation and the members of the association overwhelmingly voted in favour of a resolution at our inaugural meeting on 22 November 2002 that we seek registration as an industrial organisation under the Workplace Relations Act. We believe that registration of the association to further the objects of the Act and our objects include the advancement of the industrial interests of our members and in that we are committed to maintaining a democratic and accountable system of representation.

PN235

Your Honour, there is no suggestion that our members would be more conveniently belong to another organisation. There were a number of objections to our application from other registered organisations but we've met with these organisations and dealt with their concerns.

PN236

Furthermore, your Honour, we believe that we've met the requirements under section 195, 196, 197, 198, 199, 200, 201 and 202 of the Act. As you will be aware, your Honour, these provisions deal with the compliance provisions in relation to the requirements and rules of the association. We have been involved in extensive consultation with our members and work closely with the Industrial Relations registry to ensure that the provisions under these sections of the Act and that our rules reflect these changes. If your Honour pleases we will be happy to address any specific questions or concerns that you have in relation to these sections of the Act.

PN237

THE VICE PRESIDENT: Thank you, Mr Rahui. I just note at the outset that the relevant provisions that I'm considering are those prior to the amendment of the Act to have regard to the passage of the Workplace Relations Amendment Registration and Accountability of Organisations Act. That Act contained - or there was a consequential provisions act related to that Act which contains transitional arrangements. Both Acts commenced on 12 May 2003. Under the transitional arrangements as your application was filed prior to the commencement of those Acts it is to be determined in accordance with the Act as it was at the time the application was made, that's the effect of it, and the sections that you've taken me to in particular section 188 and section 189 of the Act prior to the amendments is the appropriate course.

PN238

A question has been raised by the registry about the particular provisions of the rules which constitute the eligibility rules of the association. The reason for that is that the eligibility rules are then entered into the register of organisations and onto the certificate of registration, is covered in what was, and as that applies to you, section 191 of the Act and regulations 40AS and 41 under the former regulations. The registry advised that it appears to them that rules - I think it's rules - - -

PN239

MR RAHUI: Sorry, 3.4, 5, 6, 7.1, 7.2 and appendix A.

PN240

THE VICE PRESIDENT: And they together constitute your eligibility rules.

PN241

MR RAHUI: That's our understanding, your Honour.

PN242

THE VICE PRESIDENT: All right, thank you. Nothing further?

PN243

MR RAHUI: Nothing further.

PN244

THE VICE PRESIDENT: Well, I can indicate that I am satisfied the association has met the relevant statutory test for its registration as an organisation under the Act and I so decide now I will issue my reasons for decision subsequently and direct the registrar to enter the association as an organisation under the Act in the register and provide the necessary certificate.

PN245

Thank you for your assistance and congratulations.

ADJOURNED ACCORDINGLY [9.50am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A4 CORRESPONDENCE WITH ATTACHMENTS PN232
EXHIBIT #A5 STATEMENT BY PRESIDENT OF THE ASSOCIATION PN232