D2003/32, Transcript of Proceedings [2004] AIRCTrans 647 (19 February 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6054

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

D2003/32

APPLICATION FOR ALTERATION
OF ELIGIBILITY RULES

Application under section 158(1) RAO Schedule
by Australian Education Union to alter rule
5(4)(a) insertion of the phrase "or the Adult
Multicultural Education Service (howsoever
called) in the State of Victoria"

MELBOURNE

10.00 AM, MONDAY, 9 FEBRUARY 2004

Continued from 19.11.03

PN11

MS L. GALE: I appear for the Australian Education Union.

PN12

MR D. MENDELSSOHN: I appear for the Community and Public Sector Union and, your Honour, while I am on my feet, may I apologise for our non-appearance on the last occasion for which I must bear entirely the responsibility. It was a simple, but I assure your Honour an uncharacteristic matter of my having failed to put the date in my diary, so I apologise for that.

PN13

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Mendelssohn. Yes, Ms Gale, what is the situation with this matter?

PN14

MS GALE: Thank you. The parties have had a number of discussions since we were last before you. Unfortunately, things have not proceeded quite as swiftly as I had anticipated and we are still in those discussions, although they are going well, but at this stage of exchange of documents and clearing final words we hope with relevant officers on both sides of the organisations. We would propose that the matter be listed again in somewhere around six weeks, we would hope for hearing at that stage, but we would undertake to advise you on progress perhaps a fortnight before a listing date, in case any further delay is necessary at that time.

PN15

THE SENIOR DEPUTY PRESIDENT: Six weeks. Yes, all right, what do you say, Mr Mendelssohn?

PN16

MR MENDELSSOHN: I would consent to that, your Honour. This matter should settle and I would be, in fact, amazed if it doesn't and we are, as Ms Gale said, really at the point of trying to settle the terms of appropriate mutual undertakings and the main delay in that at this stage is our respective State branches not turning their minds to it as quickly as perhaps they ought, but I don't see this matter as one which will proceed to any sort of contested hearing.

PN17

THE SENIOR DEPUTY PRESIDENT: We will just go off the record for a moment.

OFF THE RECORD

PN18

THE SENIOR DEPUTY PRESIDENT: In the brief adjournment, I have discussed with the parties the further programming of this matter. I propose to allow the parties a further six weeks within which to seek to resolve the dispute between them, or the objection and on that basis I will adjourn the matter until nine am on 22 March, subject to the AEU notifying my chambers at some date prior to 22 March as to whether the matter is to proceed on that day as a formal hearing for the rule alteration itself. Anything else, Ms Gale?

PN19

MS GALE: No, thank you, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Mr Mendelssohn.

PN21

MR MENDELSSOHN: No, thank you, your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: The matter is adjourned. Thank you.

ADJOURNED ACCORDINGLY [10.07am]