AG2004/7143, Transcript of Proceedings [2004] AIRCTrans 4542 (23 November 2004)

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Level 7, ANZ House 13 Grenfell St ADELAIDE SA 5000
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TRANSCRIPT OF PROCEEDINGS

O/N 2496

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

AG2004/7143

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the Act
by Ridge Park Health Care Centre and Another
for certification of the Nurses (ANF - Ridge
Park Nursing Home) Enterprise Agreement 2004

ADELAIDE

2.35 PM, FRIDAY, 12 NOVEMBER 2004

Continued from 26.10.04

PN55

THE SENIOR DEPUTY PRESIDENT: Good afternoon. I have listed this matter again because following the last hearing of the matter, the parties have provided some written documentation. They have indicated that they wished to address the Commission in the event that I was not satisfied about any of the matters that were the subject of that joint submission. I can advise that I would like to give the parties that opportunity to address me. I don't mean to force you to do so today in that if both parties were not ready to do so, I'm happy to make another time but I will require some additional information, or at least an opportunity for the parties to put that additional material in accordance with that joint request. Who wants to start? Ms Edwards?

PN56

MS EDWARDS: Thank you. I guess we were hoping that that would be enough of an explanation for your argument, but obviously if there were further questions or further arguments that we needed to make, we would be happy to take those on notice and provide the appropriate responses to you.

PN57

THE SENIOR DEPUTY PRESIDENT: Fundamentally, Ms Edwards, the issue that I'm raising with the parties goes to the extent to which I can regard the purpose of the right of entry, which is stated to be on matters affecting employees, to be a matter which is ancillary to the dispute resolution provisions of the agreement, as distinct from a broader issue which could cover a whole range of issues that might affect employees but may or may not be matters that pertain to the employment relationship. Now, if the parties have any more information to help me in that regard, I'm very happy to hear it but that is the issue upon which I am pondering at the moment.

PN58

MS EDWARDS: Sorry, sir, was it the right of entry provision or was it the first paragraph of 29(1), recognition of worksite reps?

PN59

THE SENIOR DEPUTY PRESIDENT: I should not have described it as right of entry. Recognition of worksite representatives, sorry.

PN60

MS EDWARDS: Thank you. No, sir, we would only be wanting to respond if you believed that there was some instance that we hadn't considered or hadn't answered you fully on in terms of that.

PN61

THE SENIOR DEPUTY PRESIDENT: I see, all right, so there's nothing more, in effect, other than what you have said in the joint submission?

PN62

MS EDWARDS: That is correct, sir.

PN63

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Davis?

PN64

MR DAVIS: Yes, that is our position as well, sir.

PN65

THE SENIOR DEPUTY PRESIDENT: For the sake of the record, I will make that joint submission.

EXHIBIT #RP1 JOINT SUBMISSION

PN66

THE SENIOR DEPUTY PRESIDENT: I will advise the parties that as soon as I've completed my thinking on that issue, I will provide the parties with a decision. At the present time, that is probably at least a fortnight away. I simply won't be available over the next week or so to be able to give it a great deal of attention. I will adjourn the matter on that basis.

ADJOURNED INDEFINITELY [2.40pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #RP1 JOINT SUBMISSION PN66