D2004/28, Transcript of Proceedings [2005] AIRCTrans 584 (9 March 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10686

SENIOR DEPUTY PRESIDENT DUNCAN

D2004/28

s.158(1) RAO Schedule - Application for alteration of eligibility rules

APPLICATION/NOTIFICATION BY CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION
(D2004/28)

SYDNEY

10.36AM, MONDAY, 28 FEBRUARY 2005

Continued from 20/12/2004

Hearing continuing

PN43

THE SENIOR DEPUTY PRESIDENT: Mr Mendelssohn?

PN44

MR MENDELSSOHN: Thank you, your Honour. Since the last occasion, we have received settlement proposals from each of the objectors in the case of the LHMU in the form of correspondence which could be easily translated into a deed and in the case of the AMWU and CEPU in the form of draft deeds. I think I can reasonably say that these proposals are acceptable of what may be called the officer level of the organisation. We do, however, have a federal executive meeting on Wednesday of this week and I am hopeful that the federal executive will approve the settlement on the terms proposed. Then it will simply be a question, if that expectation is fulfilled, of getting the paperwork done and signed and in a form that on the next occasion it can be handed up to the Commission and put on the record. But I would anticipate that the next occasion we will be seeking that your Honour, give consent to the rule change.

PN45

THE SENIOR DEPUTY PRESIDENT: All right then, thank you for that.
Mr Kentish?

PN46

MR KENTISH: Thank you, your Honour. We can confirm that we have in fact sent a document which proposes a settlement with the CPSU and we look forward to finding out how it goes in front of the CPSUs executive on Wednesday.

PN47

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Rankine?

PN48

MR RANKINE: Thank you, your Honour. The LHMU did send some correspondence to Mr Mendelssohn to settle the matter. We have been informed that, as Mr Mendelssohn said, it's acceptable on an officer level but awaiting formal sign-off from their executive and thus coming back to us and allowing us to know whether or not we should proceed to prepare a draft deed.

PN49

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Flatt?

PN50

MR FLATT: Thank you, your Honour. Yes, I can confirm the CEPU provided a draft deed of agreements to the CPSU, late last year and that we are awaiting CPSUs response in relation to that proposed deed.

PN51

THE SENIOR DEPUTY PRESIDENT: Thank you. We'll go off record.

<OFF THE RECORD

PN52

THE SENIOR DEPUTY PRESIDENT: Having heard the report from the parties, I will set this matter down for further report back on Monday, 4 April at 10 am. I note that there is something of an expectation that the matter may be resolved by then. I trust that will be the case in which case it will proceed to a completion on the day. I adjourn this matter accordingly. I adjourn the Commission until 11 am.

<ADJOURNED UNTIL MONDAY, 4 APRIL 2005 [10.40AM]