C2007/3758, Transcript of Proceedings [2007] AIRCTrans 699 (21 December 2007)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17914-1

VICE PRESIDENT LAWLER

C2007/3758

s.170VM(3) - Termination of an AWA by the Commission
Mr Phillip Hakim
and
Commonwealth Bank of Australia
(C2007/3758)

SYDNEY

2.10PM, FRIDAY, 07 DECEMBER 2007

Hearing continuing

PN1

THE VICE PRESIDENT: Good afternoon. Ms Mocsari, you’re appearing for the applicant, Mr Krestovsky you’re appearing for the respondent?

PN2

MR A KRESTOVSKY: Yes.

PN3

THE VICE PRESIDENT: Excellent.

PN4

MS F MOCSARI: Vice President, my client Mr Hakim commenced an application for termination pre reform upon starting work to the public interest after the nominal expiry date ..... November 2007. The reason for the application was that the Australian workplace agreement in question did not provide for termination so therefore my client after a series of lengthy and protracted negotiations with the Commonwealth Bank decided to file an application for termination under his AWA. The parties have reached a settlement and we actually have terms of settlement which we’d like to hand up to you, Vice President.

PN5

THE VICE PRESIDENT: Thank you.

PN6

MS MOCSARI: Thank you.

PN7

THE VICE PRESIDENT: I assume there’s something you want to put on the record?

PN8

MS MOCSARI: We’d like to put that there’s actually, that's the terms of settlement on record.

PN9

THE VICE PRESIDENT: Yes.

PN10

MS MOCSARI: And we are seeking today in accordance with the terms of settlement on 7 December that we would seek that this matter is stood over with a hearing until 28 January 2008 and then subject to the Commission’s discretion and any matters referred to in paragraph (b) of the terms of settlement at the hearing of the 28 January 2008 that the Commonwealth Bank would consent to the AWA being terminated and that termination is to take effect on 28 January 2008.

PN11

THE VICE PRESIDENT: Fine. I take it that if the parties are in agreement that all the requirements have been met then there will be no need to attend on the 28th. We’re just standing it over to give you the opportunity of reactivating it if it’s necessary.

PN12

MS MOCSARI: We would like to ......

PN13

THE VICE PRESIDENT: Okay, fine. If you’re all happy. So I’m happy to adjourn the matter until 28 January 2008. Mr Krestovsky, does the bank accept that the termination that occurred by consent pursuant to (d)(ii) will involve a termination of the restraint obligation in the AWA?

PN14

MR KRESTOVSKY: Yes. The termination would terminate the entire AWA which was included .....

PN15

THE VICE PRESIDENT: Right, okay. Thank you. Anything further that needs to be said? No, that’s fine. Thanks very much. The matter is formally adjourned to 28 January 2008. The Commission is adjourned.

<ADJOURNED UNTIL MONDAY 28 JANUARY 2008 [2.13PM]