C2005/5402, Transcript of Proceedings [2006] AIRCTrans 414 (23 March 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14441-1

VICE PRESIDENT LAWLER

C2005/5402

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA
AND
AOL AUSTRALIA PTY LIMITED
s.99 - Notification of an industrial dispute - Log of claims
(C2005/5402)

SYDNEY

9.39AM, WEDNESDAY, 08 MARCH 2006

Continued from 28/2/2006

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA VIDEO CONFERENCE AND RECORDED IN SYDNEY

PN201

THE VICE PRESIDENT: Mr Bryant I note your appearance for the CEPU in Melbourne and Mr Skyring note your appearance on behalf of Select Australasia.

PN202

MR S SKYRING: Thank you, your Honour, seeking leave to appear.

PN203

THE VICE PRESIDENT: I take it there is no objection to leave for today's purposes, Mr Bryant?

PN204

MR I BRYANT: No objection.

PN205

THE VICE PRESIDENT: Yes. Leave is granted. Yes Mr Bryant, what's happening? What's occurring?

PN206

MR BRYANT: Sorry your Honour?

PN207

THE VICE PRESIDENT: Can you hear me?

PN208

MR BRYANT: I can now, your Honour. Could I ask you just to repeat just what you have said up until this very moment?

PN209

THE VICE PRESIDENT: I was just asking what's occurring?

PN210

MR BRYANT: What's occurring?

PN211

THE VICE PRESIDENT: Yes.

PN212

MR BRYANT: I could give you a brief report, your Honour. There has been some discussion since last time. Of course you remember last time there was confusion about who was representing Select Australasia and you have probably seen, like I have, some correspondence about that. Mr Skyring is representing Select and since that time myself and Mr Skyring had some discussions about the application.

PN213

This is the dispute finding application and the award matter as it applies to Select Australasia, and I understand as a result of those or those most recent discussions with Mr Skyring yesterday afternoon, that Select Australasia are now not opposing a dispute finding in the matter that is relisted from last year. I understand that on the basis of the material both verbal and in exhibits presented to the Commission by the CEPU in our initial application on 8 December last year, on that basis Mr Skyring and Select Australasia are not opposing a dispute finding.

PN214

THE VICE PRESIDENT: Fine.

PN215

MR BRYANT: And simply - - -

PN216

THE VICE PRESIDENT: But there is no agreement as to a roping-in award I take it?

PN217

MR BRYANT: That's the second part of the discussions, your Honour. At this stage CEPU is content to have a dispute found against Select Australasia in similar terms to the dispute finding made against the other parties last year, but we are not pressing the application in C2006/1947 which is colloquially known as roping-in number 2. We are not pressing the application to make that roping-in award against Select Australasia although of course we still press to make the award against the other parties previously represented.

PN218

THE VICE PRESIDENT: You've got an easy job today, Mr Skyring. Can you confirm that Select Australasia Pty Ltd consents to a dispute finding being made and doesn't wish to resist any dispute finding being made on the basis of the service of log of claims, of its non-acceptance by your client?

PN219

MR SKYRING: That is correct, your Honour.

PN220

THE VICE PRESIDENT: And Mr Bryant doesn't press for a roping-in award being made against your client?

PN221

MR SKYRING: That is the terms of the agreement reached with Mr Bryant's union. That is correct.

PN222

THE VICE PRESIDENT: Fine. So what do I do with matter number C2006/1947? I will make the finding of a dispute by consent, and that finding of dispute will be made today insofar as Select Australasia is concerned. The formal finding will be prepared and placed on the file and I would simply close that file, Mr Bryant. If you wish to reactivate it you can do so.

PN223

MR BRYANT: I suspect you won't be getting such an application, your Honour, but I reserve my rights.

PN224

THE VICE PRESIDENT: Fine and is there anything else that is required today?

PN225

MR BRYANT: Your Honour, I will submit a amended draft order for roping-in number 2 award to your associate.

PN226

THE VICE PRESIDENT: Yes.

PN227

MR BRYANT: It needs just a little bit of a change to that because of the way it is set up with Select Australasia who currently contemplate being in it, but I will do that later on today and - - -

PN228

THE VICE PRESIDENT: And in relation to the roping-in award number 2 now only companies which are consenting to the roping-in award are being included.

PN229

MR BRYANT: That's correct, your Honour. That's correct. Those two companies, Integrated Workforce and IPA Personnel, they were previously represented by Ms Streimer from Australian Industry Group and they had previously consented.

PN230

THE VICE PRESIDENT: Yes thank you. Thank you, Mr Bryant. Thank you, Mr Skyring. If there is nothing further the Commission is adjourned.

<ADJOURNED INDEFINITELY [9.44AM]