D2004/27, Transcript of Proceedings [2004] AIRCTrans 4711 (6 December 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N 15288

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

D2004/27

APPLICATION UNDER SECTION 158(1) OF
THE ACT RAO SCHEDULE BY CPSU, THE
COMMUNITY AND PUBLIC SECTOR UNION FOR
ALTERATION OF ELIGIBILITY RULES

SYDNEY

4.35 PM, THURSDAY, 25 NOVEMBER 2004

PN1

THE VICE PRESIDENT: Could I have the appearances please?

PN2

MR D. CAREY: Your Honour, I appear for the Community and Public Sector Union.

PN3

THE VICE PRESIDENT: Thank you, Mr Carey. I'll just test my understanding of the application and what's happened in relation to it. It's an application that seeks to vary the eligibility rules of the organisation. It was lodged on 20 July and you say that your organisation has complied with the rule altering procedures under its rules for the making of the application.

PN4

MR CAREY: We have, your Honour, and a declaration to that effect was submitted with the application.

PN5

THE VICE PRESIDENT: Notice of receipt of the application was published in the Gazette on 11 August 2004 and the period for the lodging of objections closed on 15 September 2004 and no objections have been received. Is that your understanding also?

PN6

MR CAREY: That's correct, your Honour.

PN7

THE VICE PRESIDENT: The reason for the proposed alteration is set out in the application and it flows from an agreement between the applicant union and its state registered associated union in Western Australia have reached an agreement with the ASU and the ASUWA under which the applicant and your state registered union or associated union in WA will now and in the future represent the industrial interests of clerical officers employed by WA Lotteries. Is that the essence of it?

PN8

MR CAREY: That's correct, your Honour.

PN9

THE VICE PRESIDENT: The alterations to two parts of the rules are to give effect to that agreement.

PN10

MR CAREY: That's correct, yes.

PN11

THE VICE PRESIDENT: In relation to the requirements of section 158 of the Schedule you say that the alteration has been made under the rules of the organisation as you've indicated. There's a statement to that effect attached to the application.

PN12

MR CAREY: Correct.

PN13

THE VICE PRESIDENT: 158(3) is not relevant to this matter. 158(4) I take it you say that there's no organisation to which these employees could more conveniently belong and that would more effectively represent their interests.

PN14

MR CAREY: That's correct, your Honour.

PN15

THE VICE PRESIDENT: (5) is not relevant. (6) isn't relevant. In fact there's an agreement in place that supports the application.

PN16

MR CAREY: That's correct.

PN17

THE VICE PRESIDENT: In relation to (7) there's no order to which this alteration would have any impact in relation to (7)(a).

PN18

MR CAREY: No, your Honour.

PN19

THE VICE PRESIDENT: Nor would there be any basis for me to conclude that consenting to the change would give rise to a serious risk of a demarcation dispute particularly in view of the agreement between your organisation, the ASU and its state associated body.

PN20

MR CAREY: That's correct, your Honour, and I suppose the agreement that we do have would make sure that any such conflict is obviated.

PN21

THE VICE PRESIDENT: Yes, all right, thank you. Was there anything else you wanted to say in support of the application?

PN22

MR CAREY: No, your Honour, except to say that in respect of the 158(4) the organisation or our organisation nationally has such persons employed in various of and perhaps all of the states lotteries arrangements. We have clerical officers employed in New South Wales, Queensland, South Australia and so forth, Tasmania undertaking similar work for similar authorities.

PN23

THE VICE PRESIDENT: All right, thank you. On the basis of the submissions you've made this afternoon and the material filed in support of the application I am satisfied that the application is consistent with the relevant regulations and section 158 of the Schedule and on that basis I will consent to the alteration of eligibility rules in the form sought. Do you have a view about the date the change ought to take place?

PN24

MR CAREY: At the Commission's convenience, as of today of making of the order that would be suitable for us.

PN25

THE VICE PRESIDENT: There's no particular urgency, so if I was to hand down short reasons early next week and it would operate from that date.

PN26

MR CAREY: That would be fine, thank you.

PN27

THE VICE PRESIDENT: That is the course I will adopt. I will publish short reasons for my decision next week and the consent will operate from the date of the decision.

ADJOURNED INDEFINITELY [4.43pm]