D2004/28, Transcript of Proceedings [2005] AIRCTrans 63 (4 January 2005)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
PO Box A2405 SYDNEY SOUTH NSW 1235
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 15957

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

D2004/28

APPLICATION UNDER SECTION 158(1) OF THE ACT
RAO SCHEDULE BY CPSU TO AMEND ELIGIBILITY
RULES RE HIGHER EDUCATION INDUSTRY

OBJECTIONS THERETO

SYDNEY

11.08 AM, MONDAY, 20 DECEMBER 2004

PN23

THE SENIOR DEPUTY PRESIDENT: I don't think there are any variations to appearances. No? All right, Mr Mendelssohn?

PN24

MR D. MENDELSSOHN: Thank you, your Honour. There have been discussions with each of the objectors. Those discussions in my view have been fruitful but we have not yet finalised an agreement with any of the objectors, but the optimism as to settlement that I expressed on the previous occasion I maintain. We have put something in writing to the LHMU, but they only received that on Friday, so they are still considering that. This morning I have received a proposal for a draft deed from the CEPU and I don't anticipate we will have any trouble with that and I understand the AMWU will be in a position to put something to us hopefully before the end of the week. So discussions are continuing and my assessment of the situation is that it is on track for a settlement. Not in January, because I will be on leave for most of January, but at least relative early in the New Year.

PN25

THE SENIOR DEPUTY PRESIDENT: I see. All right then. Thank you, Mr Mendelssohn. Mr Flatt?

PN26

MR C. FLATT: Thank you, your Honour. Yes, I confirm that the CEPU has attended a number of meetings with the CPSU in this matter and has provided a draft deed of agreement in relation to that to the CPSU this morning. We envisage that there should be some sort of settlement in the New Year in relation to this matter.

PN27

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Kentish?

PN28

MR A. KENTISH: Your Honour, the AMWU has had some discussions with the CPSU and I can confirm that we are looking to put something, a draft proposal, for settlement in writing and to the CPSU by the end of this week. Certainly we will endeavour to do that. I share Mr Mendelssohn's optimism that the matter hopefully will be settled sometime in perhaps February. If not we will certainly be in a position where the parties know what matters need to go further. If it please the Commission.

PN29

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Kentish. Mr Rankine?

PN30

MR B. RANKINE: Thank you, your Honour. We did receive a letter on Friday from Mr Mendelssohn on behalf of the CPSU regarding the matter. I have put that letter to our leadership for consideration in terms of the proposal that he outlined in that. I haven't had any advice back from our leadership. I guess our issue is in terms of early next year our leadership generally takes the best part of January off. So that is my course and troubles in terms of finalising negotiations. But it won't stop us from having conversations as I continue to work through January. So while it might seem like there are dark clouds overhead I think that we are still progressing nicely and we don't have any intention of, at this point, proceeding to hearings. We full think that we can settle this matter.

PN31

THE SENIOR DEPUTY PRESIDENT: Yes. You don't want directions?

PN32

MR RANKINE: Yes. So that is pretty much where we are at the moment.

PN33

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Rankine. Well, Mr Mendelssohn, I think we need to fix a further date.

PN34

MR MENDELSSOHN: I think that is correct, your Honour. I would suggest it wouldn't need to be as late in February as the report back in the matter earlier this morning. Although for convenience that might be an appropriate date simply because it brings everybody together.

PN35

THE SENIOR DEPUTY PRESIDENT: That is a point; isn't it? You are referring to the earlier matter?

PN36

MR MENDELSSOHN: Yes, the matter before your Honour earlier this morning.

PN37

THE SENIOR DEPUTY PRESIDENT: Yes, just about everybody is involved.

PN38

MR FLATT: Well I have actually, your Honour, realised I may not be involved on that day. I may be coming back from New Zealand. So it may be suitable for another date than an earlier call back.

PN39

MR KENTISH: Your Honour, the AMU hopes to be involved in that matter on that day. However, there does seem to be something of an omission in terms of the notice of listing and I don't think we have actually been served.

PN40

THE SENIOR DEPUTY PRESIDENT: This is Hegs is it?

PN41

MR KENTISH: Yes. I apologise for interrupting this matter to raise it. But that date in February would be a convenient one.

PN42

THE SENIOR DEPUTY PRESIDENT: I think I will fix it for that day. Then if we have to do something about it we will in due course. So I will have this matter listed for mention on Monday, 28 February, at 10.30 am. If the other one takes longer then naturally we will just wait the conclusion of the proceedings in the earlier matter. So I adjourn this matter to 10.30 am on Monday, 28 February 2005 and I adjourn the Commission until 11.30 am.

ADJOURNED UNTIL MONDAY, 28 FEBRUARY 2005 [11.15am]