C2005/2838, Transcript of Proceedings [2005] AIRCTrans 1184 (23 May 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11547-1

COMMISSIONER GRAINGER

C2005/2838

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION
AND
GLENELG WATER ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, THE
s.170LW - Application for settlement of dispute (certification of agreement)
(C2005/2838)

MELBOURNE

10.00AM, THURSDAY, 12 MAY 2005

Continued from 6/5/2005

Hearing continuing

PN61

THE COMMISSIONER: Yes, Mr Henderson?

PN62

MR HENDERSON: Thank you, Commissioner. Since the matter was before the Commission on Friday, a couple of things have happened. Firstly, the Commission would be pleased to hear that the parties have arranged a meeting to take place on Monday in Hamilton, to see if the matter can't be resolved- - -

PN63

THE COMMISSIONER: Well, that would be wonderful.

PN64

MR HENDERSON: - - -by a settlement, which would make me very happy, although regrettably I will miss out on the trip to Hamilton, but no doubt my colleague, Mr Saunders, will enjoy it.

PN65

THE COMMISSIONER: I am a great fan of Hamilton, it is a wonderful town.

PN66

MR HENDERSON: Secondly, I have drafted out some issues for determination which I will hand up a copy of, Commissioner.

PN67

THE COMMISSIONER: Yes, and under what powers is it proposed that I deal with this?

PN68

MR HENDERSON: It's the170LW.

PN69

THE COMMISSIONER: Yes, okay, so it's not a section 111AA.

PN70

MR HENDERSON: No, I think it is 170LW. I don't think there is a need for us to go to that, although what we have done - perhaps if the Commission just takes a moment, I'll just wait while you read that.

PN71

THE COMMISSIONER: Yes.

PN72

MR HENDERSON: So what we have done, Commissioner, is we confined the matter for determination directly to Mr Grimmer which means that the union has abandoned its initial complaint to review.

PN73

THE COMMISSIONER: The whole thing, you're focusing in on Mr Grimmer and the new position.

PN74

MR HENDERSON: Focused on Mr Grimmer and the new position. And implicit in that also is that we are not focusing any attention on the other employee who is the potential - the employer may well say the actual - just for my blood pressure, the potential looks better in the position. And then to just round things up - because there may well be consequential matters arising out of whatever the Commission determines - Mr Wall and I agree that perhaps in relation to those, the Commission would recommend ways in which those matters could be dealt with, because we don't know what they are.

PN75

THE COMMISSIONER: Yes.

PN76

MR HENDERSON: And the parties would obviously give any recommendations serious consideration, and in the event that we are unable to agree on accepting them, then clearly we could come back and solve that. But I think that may not be any issue anyway. So, with that issue then, the Commission has indicated 22 June as a possible hearing date.

PN77

THE COMMISSIONER: Yes, at 10 o'clock.

PN78

MR HENDERSON: I don't think you have set other directions?

PN79

THE COMMISSIONER: No. I have directions that I want to propose to the parties, so if you have just finished setting the scene, if I can just hear from
Mr Wall, thank you very much.

PN80

MR HENDERSON: Yes, thank you, Commissioner.

PN81

THE COMMISSIONER: Yes, Mr Wall?

PN82

MR WALL: Yes, thank you, Commissioner. I certainly agree with
Mr Henderson, and we are happy with the issues for determination, Commissioner, and there won't be any jurisdictional issues raised by the Water Authority.

PN83

THE COMMISSIONER: Good, very, very good.

PN84

MR WALL: Jurisdiction issues are kind of a fruitless exercise in attempting to resolve, except sometimes when they're just so patently clearly no jurisdiction as has happened in something recently.

PN85

THE COMMISSIONER: Yes, what I have in mind as far as directions are concerned, if it is convenient to the parties, is for the union to file its submissions by close of business on Monday 30 May and for Glenelg Water to file their submissions by close of business on Monday 18 June. Then the hearing would be listed for 10am on the - which I think it's the Tuesday or the Wednesday 22 June. Does that sound okay to you, Mr Henderson?

PN86

MR HENDERSON: Yes, Commissioner, did you say Monday the 18th? I think it's Friday isn't it? Or did you say Friday, Commissioner?

PN87

THE COMMISSIONER: Sorry, no, I meant Monday, I was thinking about Friday the 18th, but I thought I had actually put it over to Monday 20th. You only need them the day before?

PN88

MR HENDERSON: The day before.

PN89

THE COMMISSIONER: If that's all right, and Mr Wall, is that okay with you?

PN90

MR WALL: Yes, thank you, Commissioner.

PN91

THE COMMISSIONER: Yes, thank you very much. Well, we issue written directions to that effect this morning, and in the meanwhile, of course, if the matter does resolve itself, that's terrific for everybody, and you can let me know and tell me that you want to discontinue the proceedings.

PN92

MR WALL: Yes, thank you, Commissioner.

PN93

THE COMMISSIONER: Good, thank you very much, I will now adjourn. I am marking the terms of reference for resolution as A1, thank you.

EXHIBIT #A1 TERMS OF REFERENCE FOR RESOLUTION
<ADJOURNED UNTIL WEDNESDAY 22 JUNE 2005 [10.05AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 TERMS OF REFERENCE FOR RESOLUTION PN93