C2004/1755, Transcript of Proceedings [2004] AIRCTrans 645 (19 February 2004)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL O/N2641

RELATIONS COMMISSION

COMMISSIONER BACON

C2004/1755

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL
AND SERVICES UNION

and

PINE RIVERS SHIRE COUNCIL

Application under section 170LW of the Act
for settlement of dispute re treatment of
Mr Brian Cavanagh by PRSC

BRISBANE

10.10 AM, MONDAY, 9 FEBRUARY 2004

PN1

MR I. BUCKLEY: On behalf of the Australian Services Union.

PN2

MS C. LAIRD: Livingstones Australia, on behalf of Pine Rivers Shire Council, and I have with me, JULIE MUSCAT, who is the senior HR adviser for the Council.

PN3

THE COMMISSIONER: Leave is granted, Ms Laird.

PN4

MS LAIRD: Sorry?

PN5

THE COMMISSIONER: Leave is granted.

PN6

MS LAIRD: I'm sorry. Thank you.

PN7

MR BUCKLEY: Commissioner, the parties have had an opportunity, prior to the conference, to have some discussions in respect to Mr Brian Cavanagh, and the parties have reached settlement with respect to that particular issue, so Mr Cavanagh's situation has now been resolved. For the benefit of the Commission, he was terminated on Friday, and the circumstances of that, we say, still go to some of the issues which were being raised with respect to the non-compliance with the Enterprise Bargaining Agreement, but the fact that the Commission lacks any jurisdiction in regards to his status once he has been terminated had a determining effect upon what we intend to do now.

PN8

Mr Cavanagh has settled the matter with the Pine Rivers Shire Council, and that will be the subject of a deed of release between Mr Cavanagh and the Pine Rivers Shire Council. The issues relating to the matter being originally brought before the Commission, that is, the alleged breaches to the certified agreement, we feel may be better pursued with the Council away from this Commission, to satisfy ourselves in regards to the future conduct of the Council, in regards to how it applies those particular clauses. If the Council give assurances along those lines, we do not - it will not be our intention to pursue this matter, and we will seek to have the matter withdrawn, if it is in keeping with the Commission's wishes after I've either written back to the Commission, or reported back to the Commission, depending upon what you wish to do, Commissioner, but, at this particular point in time, we seek that the matter be adjourned.

PN9

THE COMMISSIONER: Very well, thank you, Mr Buckley. Ms Laird?

PN10

MS LAIRD: Commissioner, on behalf of my client, we don't agree that we necessarily have breached the certified agreement in the conduct in relation to Mr Cavanagh. However, my client is more than happy to meet with the union to discuss those matters, and to take on board what they have to say and see whether, after there has been a full and frank discussion, agreement can be reached on what might occur in the future.

PN11

THE COMMISSIONER: The application that is lodged specifically dealt with Mr Cavanagh; is that correct?

PN12

MR BUCKLEY: Not specifically, Commissioner. It was a 170LW application in terms of a notification of dispute in regards to alleged non-compliance with the certified agreement. Mr Cavanagh's alleged treatment by the Pine Rivers Shire Council was evidence in respect to those allegations, and we would have been able to substantiate certain points in regards to that treatment. We did have some concern at the time by the way things were going that the result may indeed be a termination of Mr Cavanagh's employment, which did transpire, but that wasn't the issue in regards to what we were bringing the matter; it was just coincidence that they fell in with each other.

PN13

THE COMMISSIONER: So the application currently before me - when I say the application, there is an application before the Commission to simply adjourn this matter pending further discussions between the parties.

PN14

MR BUCKLEY: Yes, I think that that - now that the issue of Mr Cavanagh has been removed, we are looking for certain assurances from the Council that matters of this nature will not be proceeded with in the same manner, and they will abide by the certified agreement. If we can get those types of assurances, there is no need to bring the matter before the Commission.

PN15

THE COMMISSIONER: Very well, thank you. And you don't oppose the application for the adjournment, Ms Laird?

PN16

MS LAIRD: No, Commissioner, we don't oppose it.

PN17

THE COMMISSIONER: Very well. Well, obviously that application is granted. The file will remain open until such time as I hear from you, Mr Buckley, as to whether you want to proceed with it or indicate that the matter has settled, or withdraw it.

PN18

MR BUCKLEY: Thank you, Commissioner, we will take immediate steps to see if we can meet with the Council at their earliest opportunity to get the matter dealt with so as it is not hanging around.

PN19

THE COMMISSIONER: Very well, thank you. Well, at least let me offer you my congratulations on resolving the issue as it affected Mr Cavanagh in the Council, and unless there is anything further, I will simply adjourn the Commission on the basis we've discussed. Adjourn the Commission.

ADJOURNED INDEFINITELY [10.15am]