C2005/2621, Transcript of Proceedings [2005] AIRCTrans 1144 (16 May 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11464-1

SENIOR DEPUTY PRESIDENT DRAKE

C2005/2621

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA
AND
AUSTRALIA POST
s.170LW - Application for settlement of dispute (certification of agreement)
(C2005/2621)

SYDNEY

8.57AM, THURSDAY, 05 MAY 2005

PN1

MR J METCHER: I appear on behalf of the CEPU.

PN2

MR B MILES: I am from Australia Post, and with me is MR P CALLAGHAN.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN4

MR METCHER: Thank you, your Honour. Since we were here last on 28 April, both the union and Australia Post have entered into further discussions with respect to trying to resolve the matters which appear before the Commission, and we are pleased to say that those discussions have resulted in a package arrangement that will include the re-employment of Mrs Dean back into Australia Post based on a number of conditions. I understand that Mr Miles has forwarded a copy of a draft recommendation?

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, I have it.

PN6

MR METCHER: If I can just take your Honour to some parts of the recommendation where there has been further discussions and agreed amendments. If I could take your Honour to page 2 under the category (g), headed Final Warning, and on the second line, the words,

PN7

any aspect of the code of ethics, or -

PN8

will be withdrawn. So that will be amended to then read- - -

PN9

THE SENIOR DEPUTY PRESIDENT:

PN10

If Mrs Dean fails to comply.

PN11

MR METCHER: That is correct. And the only other thing that I will mention to your Honour and seek some guidance on this, paragraph 4 or item 4 of the recommendation, her Honour may have some difficulty with that paragraph. We have no objection and we have had discussions with Post today whether section 111AA of the Act applies in the form of consent recommendation and put on the transcript with the Commission under those terms and conditions that are set out in the document.

PN12

THE SENIOR DEPUTY PRESIDENT: Well, that is the sort of recommendation that has a binding effect. It is a question of whether you both want to agree to that.

PN13

MR METCHER: My understanding is that we are both in agreement.

PN14

THE SENIOR DEPUTY PRESIDENT: Is that the case?

PN15

MR MILES: Yes, your Honour, we are in agreement that we both want this to be binding in terms of the approach that we are taking which is why we suggested it take the form of a recommendation.

PN16

THE SENIOR DEPUTY PRESIDENT: So that if, after that, this document itself will be a recommendation pursuant to the section. This recommendation or any recommendation that flows from any further referral to me. It's the later one that you have in mind, isn't it?

PN17

MR MILES: It was more the later one I was thinking of, it's only just reached agreement here.

PN18

THE SENIOR DEPUTY PRESIDENT: Well, there won't be any appeal from this matter, it reads on the transcript and it's not contentious in any respect, is it?

PN19

MR METCHER: No. That is correct, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: No. If any issues arise of consequence of the final warning, the CEPU, Ms Dean or Australia Post may seek to have this matter re-listed before Senior Deputy President Drake for determination in accordance with thedispute settling procedures in the Australia Post Enterprise Agreement 2004. It is agreed that any recommendation issued by Senior Deputy President Drake pursuant to this referral will be a recommendation made by consent pursuant to section 111AA. Is that satisfactory?

PN21

MR METCHER: Yes, your Honour.

PN22

THE SENIOR DEPUTY PRESIDENT: And those words will be inserted at the end of the second paragraph under (g).

PN23

MR METCHER: Yes, your Honour. Just for the record, your Honour, what we are trying to pick up there, and in fact your Honour has picked up very clearly, is what is spelled out in the enterprise agreement specifically in terms of a reference to that section. So I think your Honour effectively grasped what the agreement of the parties in that sense.

PN24

THE SENIOR DEPUTY PRESIDENT: Good. Well, I will issue the recommendation today and congratulations.

PN25

MR MILES: Your Honour, could I just make one comment in relation just in case there is any future reference, just in terms of the deletion of the - breaches any aspect of the code of ethics reference. The reason for that is, as Mr Metcher has pointed out to me, the fact that the code of ethics reference is already included in the recommendation at point (d) above and so it was merely removing a duplication rather than changing the nature of what that agreement is.

PN26

THE SENIOR DEPUTY PRESIDENT: Yes. And there is no other matter.

PN27

MR METCHER: No, your Honour. I would just put on the record that we thank the assistance of the Commission in regards to this matter enormously that a new dispute resolution process in Australia Post Enterprise Agreement are obviously working.

PN28

THE SENIOR DEPUTY PRESIDENT: That's good. Thank you. I wish you every success. I hope that this period works for you. You should ensure that you make every endeavour to see it does. Thank you.

<ADJOURNED INDEFINITELY [9.05AM]