RE2007/2628, Transcript of Proceedings [2007] AIRCTrans 299 (19 June 2007)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 17003-1

COMMISSIONER DEEGAN

RE2007/2628

s.772(2) - Appl’n for orders by Commission about operation of Part 15
CPSU, the Community and Public Sector Union-PSU Group
and
Australian Customs Service
(RE2007/2628)

CANBERRA

10.02AM, WEDNESDAY, 06 JUNE 2007

PN1

MR M CARRICK: Commissioner, I appear for the applicant in this matter.

PN2

MR R COOK: If it please the Commission, I appear for the Australian Customs Service and with me is MR P MCFARLANE, the director of staffing for the Australian Customs Service.

PN3

THE COMMISSIONER: Yes, Mr Carrick.

PN4

MR CARRICK: Commissioner, this is an application for orders under section 772 of the Workplace Relations Act concerned with the right of entry provisions of the Act. Commissioner, we’re in a position to proceed to hearing. We anticipate calling one witness, Ms Muscat, who is before the Court at the moment - before the Commission at the moment. I have had some discussions with my friend this morning. We have ventilated some of the issues we need to deal with. I wonder if it would suit the Commission that we have an off-the-record session to try and narrow things, if possible, prior to proceeding to hearing.

PN5

THE COMMISSIONER: I’m more than happy with that, Mr Carrick. What about you, Mr Cook?

PN6

MR COOK: No objections.

PN7

THE COMMISSIONER: No objections to that. Well, we’ll go off the record and go into conference for as long as it takes, to narrow the issues. I’ll stay here so we don’t move around too much, depending on how long it might take.

<SHORT ADJOURNMENT [10.04AM]
<RESUMED [12.40PM]

PN8

THE COMMISSIONER: Mr Cook?

PN9

MR COOK: Commissioner, I call Ms Joanne Talbot.

PN10

THE COMMISSIONER: You’re going to put her in the witness box?

PN11

MR COOK: Yes.

PN12

THE COMMISSIONER: All right. Will you put her on oath?

PN13

MR COOK: Yes.

<JOANNE MARIE TALBOT, AFFIRMED [12.40PM]
<EXAMINATION-IN-CHIEF BY MR COOK

PN14

MR COOK: Thank you, Ms Talbot. Commissioner, for the purposes of the application brought by the CPSU in relation to a right of entry notification, an arrangement has been reached between the parties in relation to the settling of the application. It is based on the fact that the parties have recourse back to the Commission should at any time the issues between the parties resurface in relation to the non-compliance of the undertakings which are about to be identified to the Commission, or should some difficulty in compliance be identified by either party.

PN15

Ms Talbot, for the purposes of identifying the settlement, a number of undertakings have been agreed between the parties and as a representative of Customs, it is asked that you make those undertakings. Are you prepared to do so?---Yes, I am.

PN16

Do you make the following undertakings: that you have returned the actual list provided to you by Brooke Muscat, organiser of CPSU, containing a list of names alleged to be members of the CPSU on Monday afternoon at 2 pm - have you returned that list to the CPSU?---Yes, I have.

PN17

Number 2, that you have made no copies of that list?---Made no copies.

PN18

And that no records or adaptations of that list have been made or kept by Customs?---No, we have not kept anything, or made any adaptations.

PN19

It is further requested in settlement of the matter between the parties that you make also the following undertakings: that the CARS and rosters for NMU sea-going marine employees be made available to the Australian Industrial Relations Commission Registry here in Canberra within two weeks of receiving notification from Brooke Muscat of the CPSU of the three-month period to which those CARS and rosters relate. Do you undertake to provide?---I certainly do.

PN20

Two, that four weeks from being notified of the relevant three-month period, you will provide pay records for NMU sea-going employees to the Australian Industrial Relations Commission, Canberra Registry?---Yes, I will.

PN21

And further, that you undertake to provide, if required by the CPSU, in a written notice to you requesting the same, all remaining records required by the CPSU identified in its section 738 notification of a right of entry issued on 24 May 2007 and to do so within the six weeks, having been notified of the relevant three month period to which those records relate?---Yes, I’ll provide those if required.

**** JOANNE MARIE TALBOT XN MR COOK
PN22

Thank you very much. There are no further undertakings.

PN23

THE COMMISSIONER: Is that right, that last undertaking, Mr Carrick?

PN24

MR COOK: Actually, I apologise, Commissioner. In fact, that should be I think - sorry, for all remaining records, as required by the CPSU 738 notification of
24 May 2007, within six weeks of being notified.

PN25

THE COMMISSIONER: Of being notified of the three month period but it’s the nine months’ records we’re looking for, if required?

PN26

MR COOK: If required, yes.

PN27

THE COMMISSIONER: Right.

PN28

MR COOK: So you accept that undertaking?---Yes, I do.

PN29

I have no further requirements.

PN30

THE COMMISSIONER: Mr Carrick, do you have any problems or do you want to clarify anything?

PN31

MR CARRICK: No, that’s the agreement we reached, Commissioner. I might add to that the CPSU will provide to the Commission the list of members and the arrangement then is that the Commission will provide to the CPSU the documents.

PN32

THE COMMISSIONER: The documents that relate to members. All right, thank you, Ms Talbot, you can take a seat.

<THE WITNESS WITHDREW [12.45PM]

PN33

MR COOK: Commissioner, there’s just one point - I’d best raise it so that it’s at least aware on the record. I have spoken to my friend about it, and this may be dealt with at the relevant time but of course after the initial four-week period to which my friend has had the chance to look at the relevant materials, we have given the undertaking that we will provide all the remaining documentation.

PN34

THE COMMISSIONER: Yes, if required.

PN35

MR COOK: If required. That’s only a remaining two weeks but if we’re only notified three weeks - - -

PN36

THE COMMISSIONER: On the last day.

PN37

MR COOK: Yes, on the last day.

PN38

THE COMMISSIONER: Mr Carrick, do you understand that?

PN39

MR CARRICK: It’s been raised with me, Commissioner, and the CPSU will behave reasonably and there will be some discussions about timing if that should arise.

PN40

THE COMMISSIONER: All right. Then you’d come back here if you can’t agree. Okay.

PN41

MR COOK: Yes.

PN42

THE COMMISSIONER: All right. Thank you. The matter will be adjourned until a request by either party for re-listing. Thank you.

<ADJOURNED ACCORDINGLY [12.45PM]

LIST OF WITNESSES, EXHIBITS AND MFIs

JOANNE MARIE TALBOT, AFFIRMED PN13
EXAMINATION-IN-CHIEF BY MR COOK PN13
THE WITNESS WITHDREW PN32