C2005/1022, Transcript of Proceedings [2005] AIRCTrans 514 (1 March 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10581

DEPUTY PRESIDENT MCCARTHY

C2005/1022, BP2004/5141, BP2004/5142, BP2004/5143, BP2004/5144

s.127(2) - appln to stop or prevent industrial action

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
(C2005/1022)

s.170MW(8A) - power of the Commission to suspend or terminate bargaining period

Application by the Minister for Health in his capacity as the South West Health Board
(BP2004/5141)

Application by the Minister for Health in his capacity as the WA Health Service
(BP2004/5142)

Application by the WA Alcohol and Drug Authority
(BP2004/5143)

Application by the Minister for Health in his capacity as the Metropolitan Health Service
(BP2004/5144)
Perth

12.05PM, FRIDAY, 18 FEBRUARY 2005

Continued from, 17/2/2005

PN90

THE SENIOR DEPUTY PRESIDENT: I have decided to list this matter for two reasons. One, in order that I issue a decision with respect to the submission you made yesterday, Mr Hooker, regarding apprehension of bias, and two, for the purpose of programming as a result of that decision. The parties will appreciate that I have not had the availability of transcript from yesterday's proceedings, and I have reached a decision and reduced the reasons for that decision to writing in, I think a fairly expeditious manner. I will provide that decision to the parties shortly.

PN91

The conclusion I have reached is that I should not exclude myself from any further proceedings or any proceedings in relation to the matters that are before me, as I have concluded that any reasonably fair minded person would not have a perception of the matters that I am intending to deal with, that I would have a bias, or they would have an apprehension or a perception that I would have a bias. A further reason for me programming the issuing of this decision now is to provide, to the extent that can be provided, given the timing of all these matters, that should the ANF wish to challenge the decision I have made, that they have some opportunity to consider that challenge and to pursue that challenge.

PN92

In that regard, whilst I have programmed the hearing for Monday, I am prepared to - and at 10 o'clock on Monday - I am prepared to delay those proceedings, but to no later than, say 2 pm on Monday. Having said that, I have also reduced to writing, as was requested, a particularisation of the issues. My intention is to deal with the section 170MW matters first, and the reason for that is, should it result that I do suspend or terminate the bargaining periods, the issue of protected action becomes of different or less relevance in the 127 matter that I have instituted.

PN93

It is my intention to, firstly, determine the section 170MW matter, and then proceed to determine the 127 matter. That creates - and I am open to suggestions from the parties, but it does create a potential problem with respect to evidence where some witnesses, should there be witnesses, would be dealing with evidence on both issues. And as I say, I am open to suggestions by the parties as to whether the evidence be heard, all heard in the170MW application in the matter for both purposes.

PN94

I am also, in terms of the manner in which the hearing proceeds, given it is matters of my own motion, intending to consider the Minister as an applicant for the purposes of the proceedings, in other words, going first, and the ANF for the purposes of the proceedings as the respondent, although, of course, they are not, unless there is any alternative suggestions. My suggestion is, with respect to those proceedings, that the parties lead evidence with very minimal submissions at the outset, and should they wish to make submissions at the conclusion of evidence.

PN95

Should the parties either wish to make comments now or want to avail themselves of some time later today once they have digested what I have said, I will make every endeavour to make myself available. The documents that I have referred to will be provided to the parties immediately. I will now adjourn.

<ADJOURNED INDEFINITELY [12.10PM]