C1998/755, Transcript of Proceedings [2005] AIRCTrans 600 (9 March 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10688

SENIOR DEPUTY PRESIDENT DUNCAN

C1998/755

Item 51 - Part 2 Schedule 5, WROLA Act 1996

(C1998/755)
Australian National University Employees (General Conditions of Employment) Award 1980, The

MELBOURNE

11.11AM, MONDAY, 28 FEBRUARY 2005

Continued from 8/2/2005

PN51

MR B BEASLEY: I appear for the ANU and with me is MR B ROSE.

PN52

MR G TYRRELL: I appear for the HSUA.

PN53

MR A KENTISH: I appear on behalf of the AMWU.

PN54

MR B RANKINE: I appear for the LHMU.

PN55

MR C FLATT: I appear on behalf of the Communications, Electrical and Plumbing Union, the CEPU.

PN56

MR R THOMAS: I appear on behalf of the NTU.

PN57

THE SENIOR DEPUTY PRESIDENT: Mr Beasley?

PN58

MR BEASLEY: Your Honour, thank you. We have had further discussions with the other parties concerning the clauses that appear in the award and we have made considerable progress and the discussions have been quite constructive. I forwarded your associate a copy of an email that was sent through to the unions this morning which outlines the progress of the discussions and there appears to be about five matters outstanding. Arising out of the discussions that we did have, it was considered that we would probably be able to resolve most of the issues today with your assistance and rest this matter, if not in toto but at least get
99 per cent of the way there, if your Honour pleases.

PN59

THE SENIOR DEPUTY PRESIDENT: Thanks Mr Beasley. Does anybody wish to vary that?

PN60

MR THOMAS: Your Honour, I came straight to the Commission this morning because I had the 10 o'clock matter earlier so I haven't seen the email that was sent to the parties this morning but other than that I accept everything else that Mr Beasley said.

PN61

MR BEASLEY: Your Honour, I am happy to read the email onto the record.

PN62

THE SENIOR DEPUTY PRESIDENT: Yes, it's not a very long one, is it, so, I think you might do that Mr Beasley.

PN63

MR BEASLEY: The email is from Bradley Beasley sent Monday, 28 February 2005 at 9.13 am to Alistair Kentish, Brett Rankine, Chris Flatt, Glenn Tyrrell, Graeme Beard, Rhidian Thomas and cc'd to Steve Stone. The body of the email reads:

PN64

Dear Alistair and all , Please find attached the: (1) latest draft version of the draft award, (2) the ANU Administrative Managerial on Executive Staff (Specific Conditions and Salaries) Award 1982 and...(reads)... application if all the outstanding matters can be dealt with under the 51 review practice. A copy SDP Duncan's Associate.

PN65

End of this email. Signed off B Beasley.

PN66

And there are a number of attachments as referred to earlier in the email.

PN67

THE SENIOR DEPUTY PRESIDENT: Yes, that's right, thank you. Well the first thing I should perhaps do is to mark the latest draft version of the award. The last time we had the hearing there was a draft, what was called a clean draft submitted on that occasion.

EXHIBIT #ANU3 DRAFT VERSION 2005 AWARD

PN68

THE SENIOR DEPUTY PRESIDENT: Mr Beasley, you mentioned another two documents. Are they actually part of the email?

PN69

MR BEASLEY: Yes they were, your Honour.

EXHIBIT #ANU4 1982 AWARD
EXHIBIT #ANU5 1993 MEMORANDUM

PN70

THE SENIOR DEPUTY PRESIDENT: What else do we - do we go straight to conciliation - is there anything else to be recorded, Mr Beasley?

PN71

MR BEASLEY: No, not, from the ANUs point of view, your Honour.

PN72

THE SENIOR DEPUTY PRESIDENT: All right then, we will go to conciliation

PN73

MR RANKINE: Your Honour, just before we go to conciliation there was just another issue that I raised at the teleconference, and I am not sure whether Mr Beasley was referring to it when he was talking about the long service leave allowance but it was in relation to a calculation of payment in lieu of long service leave on termination of employment which is clause 38 in the new draft ANU3, and that's something that my feedback to Mr Beasley hadn't been incorporated into that and maybe some discussion can be had as part of that, it just might have slipped Mr Beasley's mind.

PN74

THE SENIOR DEPUTY PRESIDENT: All right, we will go off record.

OFF THE RECORD
NO FURTHER PROCEEDINGS RECORDED

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #ANU3 DRAFT VERSION 2005 AWARD PN67
EXHIBIT #ANU4 1982 AWARD PN69
EXHIBIT #ANU5 1993 MEMORANDUM PN69