C2008/2226, Transcript of Proceedings [2008] AIRCTrans 637 (21 October 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 17747-2

JUSTICE GIUDICE, PRESIDENT

C2008/2226

s.121 - Appeal to Full Bench re an Organisation matter

Appeal by Australian Rail, Tram and Bus Industry Union
(C2008/2226)

MELBOURNE

11.00AM, TUESDAY, 7 OCTOBER 2008

PN1

MS S KEATING: I appear on behalf of the Australian Federated Union of Locomotive Employees, Queensland Union of Employees.

PN2

MR A THOMAS: I appear on behalf of the Rail Train and Bus Union.

PN3

JUSTICE GIUDICE: Yes, thank you. Ms Keating, the matters listed for mention today, simply to make sure that there aren't any loose ends, I understand there's been an amendment to the eligibility rule of the union and that on that basis the remaining objector has no further interest in the proceedings. Firstly, I wanted to confirm that, but then secondly just discuss briefly what steps might be taken to bring this matter to finality. Firstly, Mr Thomas, you've seen the amendment to the eligibility rule, I take it?

PN4

MR THOMAS: We have, your Honour.

PN5

JUSTICE GIUDICE: Yes, and do I understand correctly that the objection no longer - you don't persist with the objection to registration?

PN6

MR THOMAS: Yes. Your Honour, as our letter to your chambers last week stated, to our understanding the Commission has to be satisfied that any amendment meets the requirement of the regulations and that if the Commission is satisfied that that amendment meets the requirements of the regulations, then we have no further interest in the matter.

PN7

JUSTICE GIUDICE: Yes. Well, of course, the matter is before a Full Bench and it's only listed for mention today, but on the basis of the amendment and Regulation 4.4 of Chapter 6, which was the new regulation, you might recall, it appears that the amendment does satisfy the requirement that the applicant is eligible to represent members only within the State in which it had been previously registered and I would think that the Full Bench will conclude to the same effect.

PN8

Now, the second issue, Ms Keating, is what steps need to be taken. I had considered whether there needed to be an amendment to your application for registration to reflect the changed eligibility rule, but on reflection the application itself doesn't specify the eligibility rule. It simply makes application for registration of the AFULE Queensland. Do you have a view on that?

PN9

MS KEATING: Yes, your Honour. We have another series of amendments that we were required to make to ensure that we complied with some of the other RAO requirements and in that instance Vice President Watson adopted the view that once the amended rules were filed in the Federal Registry, that he would then take them as forming part of the rules contained in the application.

PN10

JUSTICE GIUDICE: Yes.

PN11

MS KEATING: It would seem a sensible course of action that we adopt a similar process here.

PN12

JUSTICE GIUDICE: Yes, and on that basis there could simply be a decision to register and in due course the Registrar would act on that decision and enter the organisation in the Register.

PN13

MS KEATING: Yes, that's my view, your Honour.

PN14

JUSTICE GIUDICE: Yes. I know that your interest is limited, Mr Thomas, but do you have any view about that course of action?

PN15

MR THOMAS: As far as the procedural matters are concerned, your Honour, no, we don't, as long as the rules of the Federally registered AFULE Q make sure that the restriction as set out in the Full Bench decision is well and truly in there.

PN16

JUSTICE GIUDICE: Yes, of course, all right. If I go back to you, Ms Keating, the amendment to the rules which was certified by Mr Saville on 28 August this year, that I think was forwarded to my chambers by fax. Has that formally been filed?

PN17

MS KEATING: Your Honour, it hasn't been formally filed in the Registry yet. We initially took the view that as it was the Full Bench that had to be satisfied that it complied with the requirements of Regulation 4.4 we would wait to hear the Full Bench's view of that before filing the change. However, it's a simple matter for me to file it in the Federal Registry forthwith.

PN18

JUSTICE GIUDICE: Yes. I think that it would be desirable if there was a properly certified copy of that on the file.

PN19

MS KEATING: Yes, your Honour.

PN20

JUSTICE GIUDICE: And that's a matter which I'll also discuss with the other two members of the Bench. Well, as I see it, it would be desirable if the Full Bench conferred about these matters and issued a very short decision granting the application subject to any unforeseen developments of which I certainly hope there'll be none, and the Registrar would act on that decision fairly promptly I'm sure. Is there anything else that needs to be discussed?

PN21

MR THOMAS: No, your Honour.

PN22

MS KEATING: I have nothing further.

PN23

JUSTICE GIUDICE: Well, thank you for your attendance. As it turns out I think that our course is now clear to have this matter finalized, but I thought it desirable to get everybody in the same place or in the same cyber-place, whatever the expression is, so that we could make sure that there were no loose ends. So I thank you both for your attendance and we'll publish a decision shortly. I'll now adjourn.

<ADJOURNED INDEFINITELY [11.07AM]