C2005/5636, Transcript of Proceedings [2005] AIRCTrans 2593 (30 December 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13793-1

COMMISSIONER SMITH

C2005/5636

APPLICATION BY AUSTRALIAN AND NEW ZEALAND BANKING GROUP LIMITED
s.113 - Application to vary an Award
(C2005/5636)

MELBOURNE

11.34AM, FRIDAY, 16 DECEMBER 2005

PN1

MR J TUCK: I appear on behalf of the ANZ Group.

PN2

MR D MATSON: I appear for the FSU.

PN3

THE COMMISSIONER: Leave is granted Mr Tuck. Yes Mr Tuck.

PN4

MR TUCK: Commissioner there is before you two applications, of which the parties happily consent. The first being a variation to the ANZ Group Award 1998 and the second being a variation to the ANZ FSU agreement 1998. Commissioner, I understand that you have draft orders that Mr Matson has which reflect an agreement between the parties.

EXHIBIT #ANZ1 CONSENT ORDER TO VARY AWARD
EXHIBIT #ANZ2 ORDER TO VARY AGREEMENT

PN5

MR TUCK: Commissioner, unless otherwise asked I don't intend to say anything further in relation to that application other than to certainly acknowledge and recognise the effort that you put in Commissioner, I certainly thank you. I know that my client thanks you for the efforts in reaching this resolution. It has been a difficult and nutty problem that the parties have fought with for quite some time, but to reach a position like this is mostly in way of thanks to you Commissioner and we'd like to recognise that.

PN6

THE COMMISSIONER: Thank you Mr Tuck. Mr Matson.

PN7

MR MATSON: Commissioner, I have nothing to add other than to indicate that the union of course supports both the - the granting of both orders and also to add the union's thanks to the Commission for it's tireless efforts in resolving this difficult dispute.

PN8

THE COMMISSIONER: Thanks Mr Matson. I had hoped to be able to hand down you copies of the signed orders. Unfortunately it needs just some minor formatting so that it doesn't get sent back to me but I've got the documents which are a great help. They'll be dealt with expeditiously.

PN9

MR TUCK: Commissioner I should indicate that just two small matters. First, on the making of the orders the bank has agreed to discontinue its proceedings and will do so, we might just do that by way a short note to the Commission to indicate that.

PN10

THE COMMISSIONER: Yes.

PN11

MR TUCK: There was a letter of the 2 December 2005, I just wanted to confirm that the Commission had that. It is a letter signed by Mr Sandler and Mr Matson.

PN12

THE COMMISSIONER: 2 December did you say?

PN13

MR TUCK: I will hand a copy up to you.

PN14

THE COMMISSIONER: Yes.

PN15

MR TUCK: Thank you Commissioner.

PN16

THE COMMISSIONER: I see, yes, thank you. Dealing firstly with the award, I will vary the award in accordance with exhibit ANZ1, it's a consent order and I find there are special circumstances in this matter that require the order coming into force from 12 August 1998 and that order will issue. In relation to the variation to the ANZ/FSU agreement 1998, I have examined the file and tell you that the communication with employees is nothing short of impressive and I'm satisfied that the provisions of the Act have been complied with. Accordingly, I will make the order sought, that's contained in ANZ2. I'm satisfied there are special circumstances why the order in relation to item 1 shall come into force from 12 August 1998 and item 2 of course will come into operation from today.

PN17

I congratulate the parties on reaching agreement, I thank them for their comments but the Commission's efforts are only capable of success if there is a commitment from the parties and on this occasion there was a very genuine commitment of the parties. The matter is adjourned.

<ADJOURNED INDEFINITELY [11.38AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ANZ1 CONSENT ORDER TO VARY AWARD PN4
EXHIBIT #ANZ2 ORDER TO VARY AGREEMENT PN4