D2005/24, Transcript of Proceedings [2006] AIRCTrans 755 (22 May 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14997-1

SENIOR DEPUTY PRESIDENT KAUFMAN

D2005/24

APPLICATION/NOTIFICATION BY AUSTRALIAN EDUCATION UNION
s.158(1) RAO Schedule - Application for alteration of eligibility rules
(D2005/24)

MELBOURNE

9.32AM, MONDAY, 08 MAY 2006

Continued from 21/3/2006

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

Hearing continuing

PN47

THE SENIOR DEPUTY PRESIDENT: Are there any changes in appearances?

PN48

MR D MENDELSSOHN: I now appear for the CPSU.

PN49

THE SENIOR DEPUTY PRESIDENT: Yes thank you, Mr Mendelssohn. Ms Gale?

PN50

MS GALE: Thank you, your Honour. Since we were last before you, we have now reached settlement of the objections of the LHMU and the Independent Education Union, leaving only the CPSU and the ASU to reach final settlement. In both cases we believe that we have, if you like, in principle settlement on the intent of the AEUs proposed revised rule. We're waiting for final feedback from both those organisations as to whether they accept the exact wording that we have proposed.

PN51

If that settlement is reached, which we would expect within the next two to three weeks, then we believe we would be in a position to apply to your Honour for a variation to the application to reflect the terms of settlement and perhaps to have a final hearing in four to five weeks from today.

PN52

THE SENIOR DEPUTY PRESIDENT: Yes. Yes thank you. Mr Mendelssohn?

PN53

MR MENDELSSOHN: Yes your Honour.

PN54

THE SENIOR DEPUTY PRESIDENT: Do you have any objection to this matter being adjourned for a few weeks?

PN55

MR MENDELSSOHN: No your Honour. We'd support that. I would anticipate we would be in a position to advise your Honour that our objection has been settled the next occasion.

PN56

THE SENIOR DEPUTY PRESIDENT: Yes thank you. Mr Nucifora?

PN57

MR NUCIFORA: Thank you, your Honour. We concur with the submissions put by Ms Gale in terms of settling this matter. The ASU is quite clear what the intent in principle is. We are just looking at the question of form. The drafting seems to be okay from our point of view and we believe that we can settle this matter within that time frame. If your Honour pleases.

PN58

THE SENIOR DEPUTY PRESIDENT: Yes thank you. Okay well we'll go off the record and find a date for another hearing.

<OFF THE RECORD

PN59

THE SENIOR DEPUTY PRESIDENT: Yes this matter will be adjourned until 10.15 am on Tuesday 13 June 2006. If a settlement has been reached with these two unions by that time, would you let me know please Ms Gale and we'll see if we can deal to conclusion with your application for the rule change.

PN60

MS GALE: Certainly your Honour.

PN61

THE SENIOR DEPUTY PRESIDENT: Yes. Otherwise it will just be a report back. Yes we'll adjourn until Tuesday 13 June. Thank you.

<ADJOURNED UNTIL TUESDAY 13 JUNE 2006 [9.35AM]