C2004/6560, Transcript of Proceedings [2005] AIRCTrans 706 (21 March 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10820

COMMISSIONER SMITH

C2004/6560

s.170LW - application for settlement of dispute (certification of agreement)

Media, Entertainment and Arts Alliance
and
Australian Broadcasting Corporation
(C2004/6560)
ABC Employment Agreement 2003-2006

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

WEDNESDAY, 09 MARCH 2005

<EXTRACT OF TRANSCRIPT OF PROCEEDINGS [10.36AM]

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PN1

THE COMMISSIONER: In this matter there are serious issues which arise for consideration pursuant to the disputes settlement procedure contained in the ABC Employment Agreement 2003-2006. Proceedings before the Commission commenced in July of 2004, and all avenues of conciliation and/or mediation to resolve this dispute were exhausted before the Commission proceeded to its arbitral phase. The matters before the Commission are consistent with the Act, limited to the proper operation of the agreement, and I do not propose to repeat those matters that have been raised in the proceedings now.

PN2

This morning the ABC has tendered a letter in which the ABC now states in relation to Ms Barakat:

PN3

Given that you have exhausted your sick leave (balance less than one day remaining) the ABC must now give consideration as to why your employment should not be now terminated with appropriate notice or payment in lieu pursuant to section 60.1(b)(ii) of the ABC Employment Agreement 2003-2006. Before making a final decision, the ABC invites you to provide any response you wish as to why your employment should not be terminated given your medical incapacity to resume employment in the news cafe area.

PN4

There is little doubt that Ms Barakat now faces termination of employment whilst seeking to pursue what she perceives to be her rights under the Workplace Relations Act 1996, and under the ABC Employment Agreement 2003-2006. Given this clear statement by the ABC, it is apparent that Ms Barakat could be terminated during these proceedings. That may have a significant effect on these proceedings and it is possible, depending upon the resolution of the evidence and a determination of the proper application of the agreement, that the relief she seeks will be denied to her.

PN5

It follows that I consider it appropriate to make a direction to ensure that these proceedings can continue, therefore pursuant to section 111(1)(t) of the Workplace Relations Act, I direct that the ABC take no action to terminate the employment of Ms Barakat pending the outcome in this matter.

PN6

Now, I am going to adjourn for five minutes to allow the parties to consider my statement, and then I will ask my associate to ask whether or not the parties seek any further conciliation, and if so I will make myself available.

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