D2006/59, Transcript of Proceedings [2006] AIRCTrans 931 (3 August 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 15466-1

VICE PRESIDENT WATSON

D2006/59

APPLICATION/NOTIFICATION BY AUSTRALIAN NURSING FEDERATION
s.158(1) RAO Schedule - Application for alteration of eligibility rules
(D2006/59)

MELBOURNE

9.59AM, FRIDAY, 21 JULY 2006

PN1

MR N BLAKE: I appear for the Australian Nursing Federation.

PN2

THE VICE PRESIDENT: Thank you Mr Blake. Yes Mr Blake?

PN3

MR BLAKE: Thank you, your Honour. The application before you today essentially is seeking two outcomes in relation to Rule 5 which is the current eligibility rule of the Australian Nursing Federation.

PN4

THE VICE PRESIDENT: Yes.

PN5

MR BLAKE: The first aspect of the application seeks consent to vary the eligibility rule to re-number that rule in a manner consistent with the body of the or the balance of the Federation's rules. We embarked on a re-numbering exercise last year, that was consented to by the Industrial Registrar in May of last year in his decision 2005/184. Of course he was unable to consent to that part of the re-numbering exercise related to the eligibility rule and we're seeking to have that dealt with today. Your Honour, the second aspect of the application is to amend existing sub-rule 5(2)(c)(2) by replacing the word association with the word Federation.

PN6

That also is to bring that sub-rule and the terminologies in that sub-rule in a manner consistent with the body of the rules.

PN7

THE VICE PRESIDENT: So in the new rule that would be 5.2.3(b)?

PN8

MR BLAKE: That's correct, yes.

PN9

THE VICE PRESIDENT: Yes.

PN10

MR BLAKE: Your Honour, in support of the application we submit that we have provided to the Industrial Registrar and the Commission details of the variations that we seek to the eligibility rules. Those variations have been gazetted in accordance with the Act and its regulations. We have provided as part of the application, details we say as the impact of the application and we have submitted in that application there would be no impact on the existing eligibility rule of the Australian Nursing Federation, nor any other registered organisation.

PN11

We have also provided as part of the application a declaration by the Federal Secretary, Jill Ilef, outlining how the Australian Nursing Federation complied with its own rule changing procedures under our rules and also the outcome of the vote of the Federal Council who is the governing body of the Australian Nursing Federation and has the right to vote on these matters.

PN12

I can advise the Commission that there have been no objections from any other registered organisation in relation to the rule change and to the best of our knowledge there are no agreements or understandings that would impact on this application or the granting of this application by the Commission today. Your Honour, subject to any questions that you may have, that concludes my submission.

PN13

THE VICE PRESIDENT: I do have one question, Mr Blake.

PN14

MR BLAKE: Yes.

PN15

THE VICE PRESIDENT: In the application itself, the document on file is a letter of 7 May 2006 and the first document attached to that is the application in form R 67.

PN16

MR BLAKE: Yes.

PN17

THE VICE PRESIDENT: The change to the reference from association to Federation in rule 5.2.3(b) does not appear to have been made in the application itself, is that correct?

PN18

MR BLAKE: Yes you're quite right, your Honour, in terms of indicating the change to the word itself.

PN19

THE VICE PRESIDENT: Yes.

PN20

MR BLAKE: Although it is in the body of the application where we say that - - -

PN21

THE VICE PRESIDENT: It's certainly in the written statements as to the intent and there's certainly material going to the approval of that variation and the motion that was carried that changes the reference.

PN22

MR BLAKE: And it's also in the gazetted material that appeared on the - - -

PN23

THE VICE PRESIDENT: Yes, the gazetted material indicates that that's the effect.

PN24

MR BLAKE: Yes.

PN25

THE VICE PRESIDENT: I think, but it doesn't seem to be in the application itself.

PN26

MR BLAKE: No. Without wishing to point the finger at anyone it looks like it was a typographical oversight.

PN27

THE VICE PRESIDENT: Yes. I would be sympathetic to an application to amend the application in that regard.

PN28

MR BLAKE: Yes if I could make that application this morning, your Honour.

PN29

THE VICE PRESIDENT: Yes and given that - - -

PN30

MR BLAKE: It certainly was clear that that was the intent of the application.

PN31

THE VICE PRESIDENT: Well I think that's very clear from the gazzeted notices and the remainder of the documentation in which case there is certainly no cause for anyone to be under any misapprehension as to the intent of the application. It just seems that might have been omitted from the changes that were marked up in the application form alone. Well I'll grant leave to amend the application in that respect.

PN32

MR BLAKE: Thank you.

PN33

THE VICE PRESIDENT: And I can indicate that I am satisfied that the changes have been made in accordance with the rules of the organisation and that there are no other reasons why consent should not be given pursuant to section 158 of the Registration and Accountability of Organisations Schedule, Schedule 1 to the Workplace Relations Act and on the basis of the submissions made this morning I give consent to the changes. Formal documentation will issue in due course and unless there's anything else, Mr Blake?

PN34

MR BLAKE: No. Thank you.

PN35

THE VICE PRESIDENT: I'll adjourn on that basis.

PN36

MR BLAKE: Thank you.

<ADJOURNED INDEFINITELY [10.06AM]