C2005/3690, Transcript of Proceedings [2005] AIRCTrans 1913 (16 September 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12743-1

SENIOR DEPUTY PRESIDENT DUNCAN

C2005/3690

INDEPENDENT EDUCATION UNION OF AUSTRALIA
AND
SPECIALITY LANGUAGE CENTRE
s.99 - Notification of an industrial dispute
(C2005/3690)

SYDNEY

FRIDAY, 02 SEPTEMBER 2005

Continued from 4/8/2005

Hearing continuing

PN40

MS S TOBIN: I appear for Independent Education Union of Australia-New South Wales/Australian Capital Territory Branch.

PN41

MS F BERTRAND: Appearing for the Speciality Language Centre.

PN42

THE SENIOR DEPUTY PRESIDENT: Good afternoon to you both. I note that this hearing is by way of mention to determine an application by the employer respondent for an adjournment of the matter which is currently set down for next week, 8 September, I think it is. I am aware of the facts that have led to that. I might just advise you both that as far as the Commission is concerned, everything is now done which was required by the directions. They weren’t always done on time, but the Commission has received, and I wonder whether you, Ms Bertrand, have received the submissions and evidence in reply that were filed in the Commission today?

PN43

MS BERTRAND: I last checked a quarter of an hour ago, and they hadn’t arrived.

PN44

THE SENIOR DEPUTY PRESIDENT: They hadn’t arrived?

PN45

MS BERTRAND: No.

PN46

MS TOBIN: I may be able to assist in that. They were served approximately half an hour ago, so they will be in the office of Speciality Language Centre right now.

PN47

THE SENIOR DEPUTY PRESIDENT: I see.

PN48

MS TOBIN: So we did comply with the directions.

PN49

THE SENIOR DEPUTY PRESIDENT: All right.

PN50

MS BERTRAND: Were they served in person or by fax?

PN51

MS TOBIN: They were served in person; we would never serve anything by fax.

PN52

THE SENIOR DEPUTY PRESIDENT: You haven’t seen them, Ms Bertrand?

PN53

MS BERTRAND: No. I met a union person visiting, but he didn’t give me anything and he left after talking to - - -

PN54

MS TOBIN: That was actually to get a signature for one of the statements, but if Ms Bertrand goes to her first floor reception area, she will find that the documents are indeed there.

PN55

MS BERTRAND: Well, that’s fine. If they’re there, that’s fine.

PN56

THE SENIOR DEPUTY PRESIDENT: That’s right, yes. All right. Well, now we’ll deal with the actual application. Nothing has changed by that. It’s a matter for you, Ms Bertrand. Would you care to indicate the grounds for the application?

PN57

MS BERTRAND: Yes. Just simply that I had a fairly detailed submission and the reply to that may well be quite detailed and extensive. I don’t know, I haven’t seen it yet, but only three working days while we have a full-on job here is just a bit too short and I wanted to have one more week only, would be fine, to properly prepare.

PN58

THE SENIOR DEPUTY PRESIDENT: Yes. I can tell you that I have read the outline of submissions that have been served on you, we presume, and they’re not lengthy. Well, they’re not three full pages, actually. They’re about a good two and a half pages. So I don’t think they’ll create a great deal of effort as far as that’s concerned. There is a lot of material, I don’t deny that. The statements are quite extensive, one way or another, and they give rise to a fair amount of material, but the actual outline of submissions that the union has filed is pretty straightforward. I don’t think I am demeaning you, Ms Tobin, if I say that.

PN59

First of all, I had better hear what Ms Tobin has to say. You oppose the application, don’t you?

PN60

MS TOBIN: Yes, we do. The reasons put forward don’t seem to be a legitimate reason, everyone has a workload. We just don’t believe that more time is warranted, but we believe that it’s up to the Commission to decide. But we will say that if the Commission is inclined to grant additional time to enable the respondent to prepare, we would be seeking directions about the manner in which that material is submitted. The material filed on behalf of the College thus far is entirely unsatisfactory. We were served with unstamped copies of statements by four separate faxes; certainly in contravention of the laws of this Commission.

PN61

We would also say the content of the material is largely irrelevant, repetitive, and in many cases offensive. We would ask that it be suggested very strongly to the College that they get legal advice so they can efficiently prepare their case and not waste the time of the Commission or the union or our member.

PN62

THE SENIOR DEPUTY PRESIDENT: Well, first of all, I have to decide whether or not I will extend the time. We’ll deal with that if I do. I have a problem myself in that although I can transfer this hearing to 9 September which is just a day, if I do any more than that, we go to October, which is certainly starting to add time to the whole performance.

PN63

MS TOBIN: Your Honour, may I be heard on one other point that might persuade you one way or the other?

PN64

THE SENIOR DEPUTY PRESIDENT: Yes?

PN65

MS TOBIN: Of extreme concern to us is over the last week, our member has been given three documents of, I’m not sure if they’re complaints or warnings, but certainly on three occasions, Ms Bertrand has given Ms Abdullas' letters of complaint about three fairly trivial matters. We believe that she is being harassed in her workplace and we would expect that that desist immediately. It is, again, a huge concern to us and we will press the issue further if it doesn’t stop immediately.

PN66

THE SENIOR DEPUTY PRESIDENT: What do you say about that, Ms Bertrand?

PN67

MS BERTRAND: I thought we were here to discuss the preparation time necessary for the hearing. I didn’t know that I would be dealing with those allegations in this phone call. I reject the allegations totally. I also want to talk about allegations of harassment on the part of Ms Abdullas. I had not thought to discuss them here.

PN68

THE SENIOR DEPUTY PRESIDENT: No. Well, you’re right; we certainly won’t sort them out here. But quite honestly, what it does lead me to think is that for everybody’s sake, I think we have to get this matter on and heard and dealt with in one way or another. So I won’t extend the time. I will make no further directions. The matter will go ahead on 8 September and hopefully be completed on that day. Thank you both for your attention this afternoon. I will see you next week.

PN69

MS TOBIN: Thank you, your Honour.

PN70

MS BERTRAND: All right. Thank you.

<ADJOURNED UNTIL THURSDAY 8 SEPTEMBER 2005 [4.46PM]