C2005/1500, Transcript of Proceedings [2006] AIRCTrans 128 (2 February 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14115-1

SENIOR DEPUTY PRESIDENT KAUFMAN

C2005/1500

APPLICATION BY COMMISSIONER FOR PUBLIC EMPLOYMENT FOR THE NORTHERN TERRITORY
s.113 - Application to vary an Award
(C2005/1500)

DARWIN

9.42AM, TUESDAY, 13 DECEMBER 2005

PN1

MS L BLAIR: I appear for the Commissioner for Public Employment, with me MS R MOHRBACK.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, Ms Blair. There's no other appearances. I understand that the unions are not attending but they consent to the variation. I have a letter on the file from APESMA to that effect and also from the NUW. Yes?

PN3

MS BLAIR: Thank you, your Honour. The unions were notified 1 December of the notice of listing. We had hoped to meet with all the parties yesterday but unfortunately due to the short notice most of them weren't able to attend. I was aware that the APESMA had contacted the Commission to notify of their support. I had spoken to the NUW and they had indicated they might do the same. I've had email advice from the ANF regarding support for majority of the draft order. They have one query regarding wording in the reasonable overtime clause. I haven't had an opportunity to speak to the remaining union.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes. Have they been served?

PN5

MS BLAIR: Yes, they have.

PN6

THE SENIOR DEPUTY PRESIDENT: Do you have proof of service?

PN7

MS BLAIR: Yes.

PN8

THE SENIOR DEPUTY PRESIDENT: I think in the absence of them, I ought to put that on the file.

PN9

MS BLAIR: That's of the listing, your Honour?

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. Well, and of the making of the application.

PN11

MS BLAIR: The making of the application. The parties were notified 1 December of the notice of listing. I neglected to forward the application until Friday, 9 December.

PN12

THE SENIOR DEPUTY PRESIDENT: How was that transmitted to them?

PN13

MS BLAIR: They were sent by fax and I have notifications from each of the facsimile numbers that it went through without any error.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes. Could you show me those documents, please.

PN15

MS BLAIR: Yes.

PN16

THE SENIOR DEPUTY PRESIDENT: On 7 December you sent a notice of listing, did you, to - - -

PN17

MS BLAIR: That was only to the National Union of Workers.

PN18

THE SENIOR DEPUTY PRESIDENT: I see.

PN19

MS BLAIR: The remaining parties were notified on 1 December. I was having difficulty actually finding a contact for the NUW. I faxed it to their Adelaide office and subsequently received a phone call from - - -

PN20

THE SENIOR DEPUTY PRESIDENT: I'm not too worried about the NUW because they're agreeing to it. It's the other unions I'm concerned to ensure have been made aware of this matter and what it involves.

PN21

MS BLAIR: I'm aware that the AMWU and the CEPU representatives are currently interstate so I'm not sure whether they've had a chance to review the draft order.

PN22

THE SENIOR DEPUTY PRESIDENT: Yes. The order merely gives effect to test case provisions, does it not?

PN23

MS BLAIR: That's right, your Honour.

PN24

THE SENIOR DEPUTY PRESIDENT: Yes. My staff has checked it and it seems to be in order.

PN25

MS BLAIR: Your Honour, we'd be happy to provide the unions another seven, 14 days to actually have a chance to review that.

PN26

THE SENIOR DEPUTY PRESIDENT: Yes. What I think I might do is, first of all, I'll mark the bundle of documents as exhibits. It does seem that there has been service. The bundle of transmission reports notifying the unions of the hearing will be exhibit PE1.

EXHIBIT #PE1 BUNDLE OF DOCUMENTS RE TRANSMISSION REPORTS

PN27

THE SENIOR DEPUTY PRESIDENT: The bundle of documents comprising transmission reports that included the draft order will be PE2.

EXHIBIT #PE2 BUNDLE OF DOCUMENTS INCLUDING TRANSMISSION REPORTS AND DRAFT ORDER

PN28

THE SENIOR DEPUTY PRESIDENT: What I'll do is I'll make the order in the form of the draft but it will operate from Tuesday, 27 December and I direct you to notify each union by facsimile transmission today that the order has been made and it will come into effect on 27 December and that if they wish to object in any way, they have liberty to do so before 27 December, and if there's no objections, the order will be made in the terms of the draft.

PN29

MS BLAIR: Thank you, your Honour.

PN30

THE SENIOR DEPUTY PRESIDENT: Yes, thanks. Adjourn the Commission, please.

<ADJOURNED INDEFINITELY [9.50AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #PE1 BUNDLE OF DOCUMENTS RE TRANSMISSION REPORTS PN26
EXHIBIT #PE2 BUNDLE OF DOCUMENTS INCLUDING TRANSMISSION REPORTS AND DRAFT ORDER PN27