C2004/6251, Transcript of Proceedings [2004] AIRCTrans 4752 (7 December 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 7, ANZ House 13 Grenfell St ADELAIDE SA 5000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 2561

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

C2004/6251
C2004/6673

FINANCE SECTOR UNION OF AUSTRALIA

and

EDS (BUSINESS PROCESS ADMINISTRATION)
PTY LIMITED

Notification pursuant to section 99 of the Act
of an industrial dispute re alleged dispute concerning
EDS' arbitrary change to the payment for work
on a public holiday

Application under section 170LW of the Act
for settlement of dispute re payment for work
on a public holiday

ADELAIDE

10.01 AM, FRIDAY, 26 NOVEMBER 2004

PN1

MS S. KENNA: I appear on behalf of the Finance Sector Union of Australia, and appearing with me is MS L. WOODS from the South Australian Branch of the Finance Sector Union.

PN2

MR R. GOLLER: I appear for EDS (Business Process Administration). With me I have MR P. STEVENS and MR S. PORTER.

PN3

THE COMMISSIONER: Thanks, Mr Goller. Now, how do you want to deal with this, Ms Kenna?

PN4

MS KENNA: Commissioner, I'm happy to take direction from you. As you can see we lodged a section 170LW in the last few weeks.

PN5

THE COMMISSIONER: Yes.

PN6

MS KENNA: There were various reasons for that. One of them being the impending legislation to try and address the issue that arose in the High Court decision of Electrolux, so we are happy to provide some brief background into the matter and then, you know, discuss a way forward with yourself and EDS.

PN7

THE COMMISSIONER: Well, I'm content if you wanted to adjourn straight into conference to see whether we can sort it out without having to trouble the parties too much by putting stuff on the formal record, it depends what you would like to do. If we don't agree then all your rights are protected.

PN8

MS KENNA: Absolutely, that is fine, that might be a more efficient way of doing it.

PN9

THE COMMISSIONER: That suits you, all right. Mr Goller?

PN10

MR GOLLER: Commissioner, we consent to going into conference. We would like to preserve any jurisdictional points that we might have.

PN11

THE COMMISSIONER: Absolutely.

PN12

MR GOLLER: We would certainly consent to that.

PN13

THE COMMISSIONER: You are free to take the matter as far as you like, to the High Court of Australia if you wish.

PN14

MR GOLLER: I haven't got there quite yet.

PN15

THE COMMISSIONER: We will adjourn into conference.

OFF THE RECORD

PN16

THE COMMISSIONER: Now, in accordance with the agreement of the parties - as soon as I find it - what page is the dispute settlement procedure on?

PN17

MS KENNA: It is part 6, clause 12.

PN18

MR GOLLER: Page 41.

PN19

THE COMMISSIONER: Thank you very much. In accordance with the agreement of the parties a matter that was not settled was submitted to the Commission and endeavours have been made to resolve the matter between the parties by conciliation and, regrettably, that has not produced a resolution of the agreement.

PN20

The parties have sought to conciliate an outcome and agreement has alluded them. Now, the next part of it says that it could be submitted with the consent of the EDS and FSU for arbitration. Is there any consent by the parties for arbitration? The union?

PN21

MS KENNA: The union would be more than happy to have the matter arbitrated, Commissioner.

PN22

THE COMMISSIONER: Thank you. Mr Goller?

PN23

MR GOLLER: Commissioner, we don't consent to arbitration of this matter.

PN24

THE COMMISSIONER: Thank you. Very well, there being no consent then the matter currently arbitrated by the Commission and it appears that our work is done. I'm sorry I haven't been able to assist you further. The matter is adjourned sine die.

ADJOURNED ACCORDINGLY [11.40am]