BP2007/3604, Transcript of Proceedings [2007] AIRCTrans 678 (11 December 2007)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17898-1

SENIOR DEPUTY PRESIDENT KAUFMAN

BP2007/3604

s.451(1) - Application for order for protected action ballot to be held
Australian Education Union
and
Department of Education and Early Childhood Development
(BP2007/3604)

MELBOURNE

12.25PM, FRIDAY, 12 OCTOBER 2007

Continued from 19/9/2007

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

PN87

THE SENIOR DEPUTY PRESIDENT: We are on the record now. Yes, Mr Tehan?

PN88

MR TEHAN: Your Honour, we have had short conference at which I have explained to the Commission the issue that has arisen. Essentially, the parties seek a variation to the order which you had previously made on 19 September which will have the effect of cancelling the vote which has just commenced, and an order for the new ballot be commenced.

PN89

The reason for the request, your Honour, is that a random computer error has occurred in the Excel spreadsheet which was supplied to the Australian Electoral Commission. The task involved in ascertaining the precise extent of the error is so large that it is considered by all the parties desirable that there be a new ballot. It’s a minority of people who were affected but - - -

PN90

THE SENIOR DEPUTY PRESIDENT: A significant but not a ......

PN91

MR TEHAN: Yes, your Honour, that’s correct. So, your Honour, the parties have had discussions between them and involving the electoral office about a proposed new timetable which will still enable everybody to do what they wish to do in the time framework. A copy of that has been provided to Mr Henderson and to the Electoral Commission and to your Honour and we seek orders in the form of the amended draft order.

PN92

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Tehan, one matter that I didn’t raise in conference that’s just occurred to me - and it’s probably not a matter for the order - but some sort of communication needs to be sent out to the people affected, does it not, to inform them that a new ballot is being conducted and the reason for it.

PN93

MR TEHAN: Yes, your Honour. A circular will - as I understand it, the Australian Electoral Commission will be publishing some material with the new ballot which says that employees who are members of the AEU should fill out the new ballot paper which will be on a different colour to the old one, and not fill out the old one but fill in the new one, and explaining that there has been some sort of issue - I’m not sure what words they have used but something which will be clear.

PN94

THE SENIOR DEPUTY PRESIDENT: Yes.

PN95

MR TEHAN: We will put out some material on our own website which explains it and the union has been putting out some material which says that there have been problems with the addresses and that members should contact - Mr Henderson will be able to explain what they propose to do but the department will be saying on their website that there has been a problem and that there is a new ballot.

PN96

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you, Mr Tehan. Mr Henderson?

PN97

MR HENDERSON: Your Honour, we also agree to the proposed order. Your Honour, in terms of the notification to our members we have put already information on our website indicating that there have been problems with the ballot and we in fact have a notice prepared to go out immediately these proceedings have finished which will go on our website and will also be faxed to all school locations, containing information in the order about the new ballot.

PN98

The only other matter, your Honour, that I wish to make comment upon is the costs of the ballot. The department and ourselves have agreed that the department will bear the costs of the second ballot up to the stage of the count.

PN99

THE SENIOR DEPUTY PRESIDENT: Yes. Very well. That’s not a matter for the order but that’s a matter between the parties, on the record. I didn’t call for changes of appearance but MR P DAVIS from the Australian Electoral Commission is present via the telephone and I record his appearance.

PN100

Mr Davis, is there anything you wish to add?

PN101

MR DAVIS: No. We have had discussions with the employer representative this morning and have indicated that the proposed order, the new order ..... the department. At this point we would have nothing further to add to the hearing.

PN102

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Tehan, is there anything else you want to - - -

PN103

MR TEHAN: No, your Honour. I do note in the draft I have given to you, your Honour, I didn’t actually revoke your previous order. I’m describing it as an amended order. I don’t know whether you wish to actually say that you revoke the previous order and make the following amended order.

PN104

THE SENIOR DEPUTY PRESIDENT: Yes.

PN105

MR TEHAN: It might be prudent to do that as a - - -

PN106

THE SENIOR DEPUTY PRESIDENT: Yes. ..... the first paragraph, the order made and dated 19 September 2007 is hereby revoked. That will be order 1 and then the rest will follow as per your draft order. I don’t think there were any exhibits from the department on the last occasion.

EXHIBIT #D1 DRAFT AMENDED ORDER SUBMITTED BY DEPARTMENT OF EDUCATION & EARLY CHILDHOOD

PN107

THE SENIOR DEPUTY PRESIDENT: Is there anything else, gentlemen?

PN108

MR HENDERSON: No, your Honour.

PN109

MR TEHAN: No, your Honour.

PN110

THE SENIOR DEPUTY PRESIDENT: Very well. Again, I did in conference but I thank you formally for the good sense and cooperation that has been displayed by the parties.

PN111

An order in the terms of D1 with the amendment that I indicated will be issued today. Adjourn the Commission.

<ADJOURNED ACCORDINGLY [12.32PM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #D1 DRAFT AMENDED ORDER SUBMITTED BY DEPARTMENT OF EDUCATION & EARLY CHILDHOOD PN106