AG2005/8732, Transcript of Proceedings [2006] AIRCTrans 26 (5 January 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13896-1

COMMISSIONER ROBERTS

AG2005/8732

TAHMOOR COAL PTY LIMITED
AND
ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, THE-COLLIERIES’ STAFF DIVISION
s.170MH - Application to terminate agreement (public interest)
(AG2005/8732)

SYDNEY

10.23AM, THURSDAY, 22 DECEMBER 2005

Hearing continuing

PN1

MR B ROUF: I seek leave to appear on behalf of Tahmoor Coal Pty Limited.

PN2

MS S INGLIS: I appear on behalf of APESMA and I don't oppose Mr Rouf.

PN3

THE COMMISSIONER: Leave is granted to Mr Rouf.

PN4

MR ROUF: Thank you Commissioner. Do you want me to speak briefly on the application?

PN5

THE COMMISSIONER: I think that is the general idea, Mr Rouf.

PN6

MR ROUF: Thank you. As you are aware Commissioner this is an application under 170MH to terminate the Tahmoor Coal Pty Limited Superannuation Agreement. I have had discussions this morning with Ms Inglis about a possible timetable in this matter and subject of course to your agreement and availability what we have come up with is as follows that APESMA file its evidence and submissions by no later than 18 January 2006.

PN7

THE COMMISSIONER: Just wait a moment, Mr Rouf.

PN8

MR ROUF: Sure.

PN9

THE COMMISSIONER: I forgot my pen. Okay. Go ahead please. Just start that bit again.

PN10

MR ROUF: Sure. The timetable we have agreed upon is as follows. APESMA file its evidence and outline of submissions by no later than 4 pm on 18 January 2006. Tahmoor Coal file its outline of submissions and evidence in reply by no later than 1 February 2006 and subject to your availability, Commissioner, we would ask that this matter be listed for hearing on 6 February 2006.

PN11

THE COMMISSIONER: I will just check my diary, Mr Rouf. You are in luck. Unless anybody is celebrating Waitangi Day in New Zealand, we are free.

PN12

MR ROUF: Thank you Commissioner.

PN13

THE COMMISSIONER: Sorry, do you wish to say anything else?

PN14

MR ROUF: That is all Commissioner, unless you have any questions about that.

PN15

THE COMMISSIONER: Thank you. Ms Inglis?

PN16

MS INGLIS: We agree with the outlined timetable.

PN17

THE COMMISSIONER: There is no prospect of the parties reaching agreement on this matter?

PN18

MR ROUF: Commissioner as you may be aware the parties will in the interim meet to discuss or resolve the issues relating to the relevant fund in question and I suppose there is a possibility. It is difficult to predict at this stage but certainly there is a possibility either way and it may be that at a meeting of the parties on 17 January the matter may resolve in which case we would take steps to notify the Commission immediately and perhaps it could be expedited but at this stage we are unable to give any firm indication on that. The possibility does exist.

PN19

THE COMMISSIONER: When did this agreement expire? It's nominal expiry date?

PN20

MR ROUF: On 15 October 2000 so about five years ago.

PN21

THE COMMISSIONER: Okay. Well I just advise the parties that when they are addressing this issue in their submissions that I issued a decision on 15 September 2004 which I don't know - I am sure you are probably both familiar with it, which was Endeavour Coal. The Elouera Colliery Certified Agreement which is print PR951902 in which I set out a number of principles for the termination of agreements and they will be my guiding principles in determining this matter. If the parties wish I have had my associate produce copies of the decision which I will hand to the parties now.

PN22

I agree with the proposed timetable put forward by the parties. Formal directions will issue later today for APESMA to file its material and submissions and any witness statements no later than close of business on 18 January 2006. The applicant company will file its submissions, materials and any witness statements no later than close of business on 1 February 2006 and if the matter remains unresolved between the parties it will come before me for arbitration in Sydney at 10 am on 6 February 2006. Is there anything further the parties wish to put to me?

PN23

MR ROUF: That's all Commissioner.

PN24

MS INGLIS: Thank you Commissioner.

PN25

THE COMMISSIONER: Right. I keep wishing you a Happy Christmas and you all keep turning up again.

PN26

MS INGLIS: Hopefully this is the last.

<ADJOURNED UNTIL MONDAY 6 FEBRUARY 2006 [10.28PM]