C2006/1711, Transcript of Proceedings [2006] AIRCTrans 374 (16 March 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14385-1

COMMISSIONER SMITH

C2006/1711

MS ZOE RADOS
AND
PUBLICIS LOYALTY PTY LTD
s.170LW - Application for settlement of dispute (certification of agreement)
(C2006/1711)

MELBOURNE

11.11AM, THURSDAY, 02 MARCH 2006

PN1

MR D FELDMAN: I seek leave to appear for Ms Rados.

PN2

MS S BONAVIA: I appear for the Australian Industry Group on behalf of Publicis Loyalty Pty Ltd also with me is MS T JENNINGS and MS L KELLY from the company.

PN3

THE COMMISSIONER: Thanks. Any objection to Mr Feldman?

PN4

MS BONAVIA: No objection Commissioner.

PN5

THE COMMISSIONER: To his application for leave I should have said. Leave’s granted. Now how do you want to deal with the matter?

PN6

MS BONAVIA: I’ve had an initial conference with Mr Feldman and have sought his consent to go into conciliation, just to bring the Commission up to speed with the current offers of where the parties are at so if we could proceed to conciliation.

PN7

THE COMMISSIONER: All right, thank you. You're content?

PN8

MR FELDMAN: Yes.

PN9

THE COMMISSIONER: Very well I’ll adjourn into conference.

<SHORT ADJOURNMENT [11.12AM]
<RESUMED [11.25AM]

PN10

THE COMMISSIONER: I have conferred with the parties and it appears that there may still be an opportunity for further discussions and I’ve encouraged that. I’ve encouraged that to take place between now and close of business Monday. In the event that I’m advised that there is no prospect of agreement by both sides, I will issue directions which require the applicant in the proceedings to lodge and file outlines of submissions and any outlines of witness evidence in a period of two weeks. Again the respondent in the proceedings would have a further two weeks to file outline of submissions and outline of witness statements. Then another seven days would be given to the applicant in the proceedings to respond to that. The matter would then be listed for hearing immediately following that time frame, so it would be within six weeks.

PN11

But those directions will be issued Monday night, but if both parties approach me and say there is a prospect of success then I’ll ..… on that and I would be more than happy again to chair a conference if that’s deemed necessary, to see if I can resolve the matter with the parties. Otherwise I encourage direct dialogue, see how you go. Thank you for your time the matter is adjourned.

<ADJOURNED INDEFINITELY [11.27AM]