C2005/4309, Transcript of Proceedings [2005] AIRCTrans 2522 (15 December 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13583-1

COMMISSIONER LARKIN

C2005/4309

MR ROBERT JAMES CAIRNS
AND
RAILCORP
s.170LW - Application for settlement of dispute (certification of agreement)
(C2005/4309)

SYDNEY

4.05PM, TUESDAY, 29 NOVEMBER 2005

Continued from 17/8/2005

Hearing continuing

PN257

MR R CAIRNS: I am representing the applicant.

PN258

THE COMMISSIONER: You are the applicant Mr Cairns?

PN259

MR CAIRNS: Yes ma’am.

PN260

MR M GREENHILL: I represent Railcorp with me is MS B HENRY and
MS K VICULIS.

PN261

THE COMMISSIONER: The matter was last before me on the 17 August and it was listed for mention and programming. However in going through the issues on that particular day it appeared to me that there was some difficulty in relation to the application being a dispute over the application of the agreement. However Mr Cairns I have received correspondence from - well two separate correspondence from your representatives Carroll & Associates. On the last occasion I determined that I would list the matter for mention and programming and that’s why I’ve called the matter on. I’ve decided that I’m going to have written submissions in relation to the matter and I will issue directions in that regard for the filing and serving of material. Then I’ll list the matter for a short hearing for the purposes of addressing the written submissions. Is there any comment on that course of action Mr Cairns?

PN262

MR CAIRNS: I’d image a short hearing depending on the attitude of Railcorp towards the matter, a short hearing may not cover it ma’am. If they decide to oppose it we’ll be having very many witnesses and documents coming before the court.

PN263

THE COMMISSIONER: No, you will file all your material in written form.

PN264

MR CAIRNS: Yes ma’am.

PN265

THE COMMISSIONER: That’s what we’re going to do. The purpose of the hearing will be to address specific issues that may need further elaboration or to field questions from myself. So the material will have to be put into the Commission on a specific date, that will be the submissions or any evidence relied upon. If there are witness affidavits the parties are to advise me whether they chose to cross-examine, if they don’t chose or I don’t get advice, then I take it that the evidence goes in. But the parties - I’ll have to wait and see and the parties will have to wait and see what that material involves. Do you have any dates for your representatives bearing in mind that they have to seek leave to appear in front of the Commission. I don’t presume - I presume your representatives would be available in February because that will be the date I’ll list for the hearing.

PN266

MR CAIRNS: No ma’am I’ll be taking the matter on myself thanks very much.

PN267

THE COMMISSIONER: I thought you had - - -

PN268

MR CAIRNS: I engaged the services of my legal representatives merely to re-raise the matter. I accept that the matter as put before was defective in its application. That application was corrected was put back to you and I shall be taking the matter as I did in the first place, unless of course the Commission objects to that course of action?

PN269

THE COMMISSIONER: No, legal personnel require leave to appear Mr Cairns it’s a cost free jurisdiction. We quite often have people representing themselves. Mr Greenhill.

PN270

MR GREENHILL: Commissioner no problems with that whatsoever.

PN271

THE COMMISSIONER: Yes, thank you for that. The directions of course they will be forwarded to the parties but the applicant is to file and serve full written submissions addressing the jurisdictional requirements of section 170LW and the merit of the application and any affidavits relied upon by close of business
28 December 2005. The respondent is to file and serve full written submissions addressing the jurisdictional requirements of section 170LW and the merits of the application and any affidavits relied upon by close of business 25 January 2006. If the applicant seeks to reply that reply must be filed and served by close of business 8 February 2006. The matter will be listed on the 15 February 2006 at 10.30 am for the purpose of a short hearing to address the submissions filed.

PN272

If witness evidence is filed the parties are to advise me of any requirement to cross-examine witnesses, that advice is to be provided to the Commission and the other side by close of business 10 February 2006. Does anyone perceive a difficulty with those directions at all or the complying with those directions?

PN273

MR GREENHILL: No Commissioner.

PN274

THE COMMISSIONER: On that basis the Commission stands adjourned.

<ADJOURNED UNTIL WEDNESDAY 15 FEBRUARY 2006 [10.30AM]