AG2006/3193, Transcript of Proceedings [2006] AIRCTrans 420 (23 March 2006)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 14445-1

DEPUTY PRESIDENT HAMILTON

AG2006/3193

APPLICATION BY DEPARTMENT OF PARLIAMENTARY SERVICES & CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION
s.170MD(6) - Variation of certified agreement to remove ambiguity
(AG2006/3193)

MELBOURNE

10.29AM, WEDNESDAY, 08 MARCH 2006

PN1

MS D HILL: I appear on behalf of the CPSU.

PN2

MR P LOCHERT: I appear for Parliament.

PN3

MS B EDWARDS: I appear for Parliament.

PN4

THE DEPUTY PRESIDENT: Right who would like to start?

PN5

MS HILL: I might, your Honour. The Parliamentary Officers Agreement was certified earlier on in 2005. There is an ambiguity and it was not highlighted until after the Parliamentary Officers Act 1975 was replaced with the Parliamentary Administration Act 2005 which was after the certification of the agreement. As I imagine a number of unions are doing, we are actually - have gone through all of our agreements to make sure that they comply with recent decisions and it was highlighted to us that there was an ambiguity in relation to the actual employer which is why you have the application before you today.

PN6

We have had discussions between the parties. We have also had our legal opinions and that is why the section 170MD(6) application is before you today, to remove that ambiguity. If your Honour pleases.

PN7

THE DEPUTY PRESIDENT: Thank you.

PN8

MR LOCHERT: I just endorse what Ms Hill has just said. The intent of the parties was clear at the time.

PN9

THE DEPUTY PRESIDENT: Yes.

PN10

MR LOCHERT: But the ambiguity has become apparent and really we see it as an error of this description and we seek for the correction.

PN11

THE DEPUTY PRESIDENT: Right so let me get this straight. So you are removing an ambiguity or uncertainty are you?

PN12

MS HILL: Yes clearly your Honour we - it has been an interesting exercise to be honest. The naming of the actual employer and whether the Parliament is in fact able to employ employees or not and what we found is that the employer is indeed the Crown and the right of the State of Victoria.

PN13

THE DEPUTY PRESIDENT: Right. Thank you very much.

PN14

MS HILL: Thank you.

PN15

THE DEPUTY PRESIDENT: Well on the basis of the submissions put and the documents filed, I grant the application as sought and an order to that effect will be issued today. Thank you very much. Commission now stands adjourned.

<ADJOURNED INDEFINITELY [10.32AM]