BP2006/2952, Transcript of Proceedings [2006] AIRCTrans 950 (10 August 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 15461-1

VICE PRESIDENT LAWLER

BP2006/2952

AUSTRALIAN NURSING FEDERATION
AND
TRINITY GARDEN AGED CARE ANZAC LODGE PRIVATE NURSING HOME
s.451(1) - Application for order for protected action ballot to be held
(BP2006/2952)

MELBOURNE

9.25AM, TUESDAY, 25 JULY 2006

PN451

THE VICE PRESIDENT: Good morning Mr Rahilly. Good morning Ms Kelly is it, from the ANF?

PN452

MS KELLY: Yes.

PN453

THE VICE PRESIDENT: I apologise to the parties, I had hoped to have finished a written decision but it's not quite finished. Can I indicate that I'm going to allow the application for the secret ballot order. The reasons I probably articulated in argument is that I have come to the view that the ANF on the peculiar evidence in this case has not engaged in pattern bargaining at the time the application calls for the termination which is the relevant time and it really comes down to taking the different - the broader view about what common wages means rather than a narrow view Mr Rahilly. I would hope to have those reasons finished by some time today so the order and reasons would issue relevant to the parties. Is there anything further that needs to be raised?

PN454

MR RAHILLY: Your Honour, given the position that you are making or have made, I'm under instructions to advise your Honour that my client will contest that decision.

PN455

THE VICE PRESIDENT: Certainly. I understand that entirely. It's an open argument, it's not as though there isn't some force in the position that the employer took.

PN456

MR RAHILLY: Yes.

PN457

THE VICE PRESIDENT: Well you will need to - I obviously won't make the order until the reasons are ready and then it is a matter for you as to how you progress it from there. No doubt you will be filing an appropriate document and you are seeking a stay from the President.

PN458

MR RAHILLY: Yes.

PN459

THE VICE PRESIDENT: Fine. Well the Commission is adjourned. As I say my associate will contact you, I have to go to Morwell to participate in some conference today, but sometime between now and the end of today that will be finished and emailed to the parties. You may not in fact in a practical sense get it until tomorrow morning but it will be finished before the clock strikes midnight tonight for sure.

<ADJOURNED INDEFINITELY [9.27AM]