C2003/6691, Transcript of Proceedings [2004] AIRCTrans 65 (8 January 2004)

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TRANSCRIPT OF PROCEEDINGS

O/N F8375

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

C2003/6691

PARTICULAR POWERS OF COMMISSION

Application under section 111(1)(f) of the Act
by the National Tertiary Education Industry Union
to revoke the Higher Education Industry
(Austalian Capital Territory) General Staff
Demarcation Order 1995

SYDNEY

10.35 AM, MONDAY 15 DECEMBER 2003

Continued from 5.12.03

THESE PROCEEDINGS WERE CONDUCTED BY VIDEOLINK AND
RECORDED IN SYDNEY

PN39

THE SENIOR DEPUTY PRESIDENT: Good morning everybody. Are there any variations to appearances?

PN40

MR C. FLATT: Commissioner, I think that I wasn't present at the last hearing of this matter; I appear on behalf of the CEPU.

PN41

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Flatt.

PN42

MS K. COOPER: Your Honour, I wasn't here for the last matter - hearing of this matter. I appear for the ANU.

PN43

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Cooper. I have received a letter from Mr David Ward, the manager industrial relations for the UNSW, in which he indicates that the university won't be attending - I presume he means in its capacity as the ADFA - and has nothing further to add at this stage to its initial position on the matter.

PN44

MR D. WEDGWOOD: Commissioner, sorry, I think technically my appearance is the first today. I appear for AHEIA.

PN45

THE SENIOR DEPUTY PRESIDENT: Very well, Mr Wedgwood.

PN46

MS COOPER: Why would AHEIA be here?

PN47

THE SENIOR DEPUTY PRESIDENT: Well, the matter is in for report. It is your application, Ms Floyd, so I think it is over to you?

PN48

MS FLOYD: Well, this will be very short, your Honour. I also understood one of the purposes of today's meeting was to give those other parties who were not present at the previous hearing an opportunity to have any say that they wanted to. Since the last hearing we received a letter from the AMWU, which had been sent to the ACTU requesting them to broker a meeting between the parties, and we have subsequently had a letter from the ACTU inviting us to a meeting.

PN49

However, the dates of those meetings haven't as yet been sent and it is unlikely that it will occur until early in the New Year, so we will be proceeding as planned and as time-tabled at the last hearing; we will have all our documents filed by Friday of this week.

PN50

THE SENIOR DEPUTY PRESIDENT: I see. Yes, I thank you for reminding me, that was a significant purpose of the listing of it at this stage, to enable people who might think they were affected by the existing order to appear and put their position, and I will regard non appearance as an indication - if not of disinterest, certainly of no argument against the applicant. Is anybody else in a position that they wish to put anything on the record?

PN51

MS COOPER: Your Honour, it is Kelly Cooper in Canberra.

PN52

THE SENIOR DEPUTY PRESIDENT: Yes?

PN53

MS COOPER: We received the notice of listing on Thursday afternoon and this is actually the first that we have heard about the matter at all, so I was just wondering if I could be informed of the date for putting in submissions, that sort of thing?

PN54

THE SENIOR DEPUTY PRESIDENT: Yes, you can. I think they are on transcript; I don't think they have been issued as an independent direction.

PN55

MS COOPER: Oh, okay, well, I can find that out after.

PN56

THE SENIOR DEPUTY PRESIDENT: That is right, Ms Cooper, we can certainly let you know them.

PN57

MR MENDELSSOHN: Well, yes, I mean, if I may assist, your Honour? The NTEU as the applicant were to put on its witness statements and outlines of submissions by 19 December, which is this Friday, and those parties opposed to the application are to put on their witness statements and outline submissions by 23 January 2004, and the NTEU is to put on any reply by 30 January 2004; and (4), and your Honour has set the matter for hearing on 23 February.

PN58

THE SENIOR DEPUTY PRESIDENT: That is right, thank you, Mr Mendelssohn.

PN59

MS COOPER: Thank you, thanks for that.

PN60

THE SENIOR DEPUTY PRESIDENT: All right, if there is nothing else to do I adjourn - - -

PN61

MR MENDELSSOHN: Well, I don't know whether any of the other parties who appear this morning for the first time wish to express an attitude?

PN62

MR FLATT: Not at this point, thank you. This is the first we have heard about this, this week.

PN63

THE SENIOR DEPUTY PRESIDENT: Yes, I won't force anybody to take a position at the present time. I adjourn this matter - - -

PN64

MS FLOYD: Your Honour - sorry, your Honour, just before you adjourn. Just in response to Ms Cooper's concerns about not having prior notice, a notice of the application was sent to all the parties, including the ANU, so if that hasn't been received we are more than happy to forward a copy of our actual application, but all of the parties did receive a copy.

PN65

MS COOPER: Thank you, Eleanor, I will take you up on that offer, thanks.

PN66

MR MENDELSSOHN: The NTEU did serve all parties to the existing order but not the universities themselves, because they weren't parties - because they weren't parties.

PN67

THE SENIOR DEPUTY PRESIDENT: That is right, they weren't parties.

PN68

MS FLOYD: Okay, I take that point, thank you.

PN69

THE SENIOR DEPUTY PRESIDENT: All right, then, I will have another go. I adjourn this matter in accordance with the arrangements that have already been put down, and I adjourn the Commission until 11.30 am.

ADJOURNED ACCORDINGLY [10.40am]