C2004/6859, Transcript of Proceedings [2005] AIRCTrans 1177 (20 May 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11526-1

COMMISSIONER ROBERTS

C2004/6859

METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD
AND
UNITED FIREFIGHTERS' UNION OF AUSTRALIA
s.170LW - Application for settlement of dispute (certification of agreement)
(C2004/6859)

MELBOURNE

10.33AM, TUESDAY, 10 MAY 2005

Continued from 5/4/2005

PN104

MR G COOPER: I seek leave to appear for the applicant, the MFESB.

PN105

MR D LANGMEAD: I seek continue to appear for the UFUA.

PN106

THE COMMISSIONER: Do you oppose leave, Mr Langmead?

PN107

MR LANGMEAD: No, Commissioner. No opposition.

PN108

THE COMMISSIONER: Leave is granted. Mr Langmead got in before you with leave.

PN109

MR COOPER: Commissioner, this matter has been listed before you today for programming.

PN110

THE COMMISSIONER: Mention, conference and programming. I am trying to cover all bases today to get this thing moving.

PN111

MR COOPER: Yes, Commissioner. We are in a position today to deal with all three approaches if necessary. I have been instructed to appear in lieu of Ms Salmon who has been involved to date but is presently overseas. Commissioner, I have obviously come to the matter afresh and it does have a fairly long history, a history of discussion and conciliation and so forth.

PN112

THE COMMISSIONER: Which I am also not privy to, a lot of it.

PN113

MR COOPER: Yes, Commissioner. I just mention that because perhaps bringing a fresh mind to it from my perspective, there seems to be some uncertainty about whether there are in fact any substantive issues remaining between the parties which might prove an impediment to a test run proceeding.

PN114

THE COMMISSIONER: That's good. Just pause there for a moment. Would you like at this stage to have a conference rather than explore these issues on transcript initially?

PN115

MR COOPER: Yes, we would like that opportunity, Commissioner.

PN116

THE COMMISSIONER: Mr Langmead?

PN117

MR LANGMEAD: ..... unable to make it unfortunately.

PN118

THE COMMISSIONER: I am not trying to truncate anybody's rights but it appears to me that if there is a chance of this thing sorting itself out, it will probably sort itself out better in conference.

PN119

MR COOPER: Yes. My starting point was to look at the questions for determination which you, Commissioner, were at pains to ask to be made clear. That is where the problem starts. I am not sure that there really are substantive questions so I think it probably is appropriate that we do discuss this in conference.

PN120

THE COMMISSIONER: Well, we can come back to the other parts of this if we need to, okay?

PN121

MR COOPER: Yes, Commissioner.

PN122

THE COMMISSIONER: We will adjourn into conference.

<ADJOURNED INDEFINITELY [10.36PM]