AG2014/10061, Transcript of Proceedings [2015] FWCTrans 61 (13 February 2015)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009                                                               1051263-1

                                                                                                                            

DEPUTY PRESIDENT HAMILTON

AG2014/10061

s.185 - Application for approval of a single-enterprise agreement
 

Application by Cabrini Health
(AG2014/10061)
 
 
 

Melbourne

10.18 AM FRIDAY, 16 JANUARY 2015

PN1.

THE DEPUTY PRESIDENT:  I’ll take appearances, please.

PN2.

MR MARSHALL:  If the Commission pleases, my name is MARSHALL.  I seek permission under section 596 to appear on behalf of Cabrini Health. 

PN3.

This is, your Honour will appreciate, a matter that concerns the correct legal interpretation of the sections of the Fair Work Act and the agreement.  I hope that your Honour will be assisted by my presence as a lawyer and that this will allow the matter to proceed more efficiently.  I am here today with Ms Maryanne Gallagher from Cabrini Health.  She’s the director of people and culture but has no industrial experience, hasn’t appeared before the Commission before and is not familiar with this matter.  Cabrini’s own director of human resources, who did handle all the industrial matters, has recently resigned so Cabrini is in a position where it doesn’t have anyone that can effectively represent it.

THE DEPUTY PRESIDENT:  I hope I had nothing to do with that?

PN4.

MR MARSHALL:  I assure you, you did not, your Honour.  Obviously, our friend Ms Bonavia is here regularly so it would be unfair for Ms Gallagher, with no experience, to try and represent Cabrini’s interest in those circumstances.

PN5.

THE DEPUTY PRESIDENT:  We don’t know if they oppose your appearance; that may be enough for now, thanks.

PN6.

MR MARSHALL:  I’m instructed that they don’t, in any event, your Honour.

PN7.

THE DEPUTY PRESIDENT:  Okay, that’s good.  Thank you for that.  Do you oppose permission to appear?

PN8.

MS BONAVIA:  Good morning, your Honour.  No, we have no objection to Mr Marshall appearing.

PN9.

THE DEPUTY PRESIDENT:  On the basis of section 596(2)(a) and (2)(b), the complexity of the matter and fairness issues, I grant permission to appear.

PN10.

Are you appearing?

PN11.

MS S BONAVIA:  Yes, I am, your Honour.  BONAVIA, initial S, and I appear on behalf of the ANMF this morning.

PN12.

THE DEPUTY PRESIDENT:  There’s a written submission been put in this morning; I just received it.  I’ve had a chance to scan it.  What I propose to do is have a private discussion with the parties to try and push this matter along rather than - because I think your assertion isn’t it, Mr Marshall, is that the NES is met, isn’t it?

PN13.

MR MARSHALL:  That’s correct, your Honour.

PN14.

THE DEPUTY PRESIDENT:  If that’s the case, then it shouldn’t be a difficulty.

PN15.

MR MARSHALL:  I’m sorry, your Honour?

PN16.

THE DEPUTY PRESIDENT:  If that’s the case, there shouldn’t be a difficulty in a private discussion and resolving the issue because a lot of issues are raised during these matters, which are legitimate issues to have a discussion about and, when everybody is finally abreast of everything, often come to a commonsense view.  So we’ll see if that’s the case or not; all right?  So would it be all right to adjourn into conference?

PN17.

MR MARSHALL:  Very happy with that, your Honour.

PN18.

MS BONAVIA:  Yes, your Honour.

PN19.

THE DEPUTY PRESIDENT:  Okay, we’ll adjourn into private conference.

OFF THE RECORD                                                                             [10.21 AM]