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B2015/1552, Transcript of Proceedings [2015] FWCTrans 670 (19 November 2015)

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009 1052725



COMMISSIONER WILSON

B2015/1552

s.229 - Application for a bargaining order

CPSU, the Community and Public Sector Union

and

Australian Government: Australian Financial Security Authority T/A Australian Financial Security Authority

(B2015/1552)

Melbourne

1.29 PM, FRIDAY, 13 NOVEMBER 2015

PN1

THE COMMISSIONER: This matter is a resumed bargaining order application which was the subject of a short commencement hearing this morning, 13 November 2015. The appearances were taken in that first session. Following that first session I have had the benefit of several discussions, both jointly and separately, with the individual parties. Coming out of that I now read into transcript a recommendation for the disposition of this matter. Once I read the recommendation out I will turn to each of the parties to see whether they are prepared to, so far as is possible, agree to the recommendation which I am about to read out.

PN2

Firstly, the matter will be adjourned pending the further exchange of information between the parties and also at least two further meetings. The exchange of information and the holding of meetings will be without prejudice to either the CPSU's right to later pursue its claims for bargaining orders against the Australian Financial Security Authority. In addition it will be without prejudice to the desire on the part of the AFSA to proceed to hold a ballot on its proposed enterprise agreement. If there is to be a ballot before mid-December, that is in order that the agreement, if it is actually made, can then be considered for approval by the Fair Work Commission prior to the end of 2015.

PN3

The process for resolution of the bargaining dispute that I now recommend to the parties is as follows.

PN4

(1) On or before Tuesday 17 November the CPSU will provide to the AFSA further and better particulars of the six elements of its outcome package set out on page 5 of its 28 October 2015 communication to AFSA.

PN5

(2) On Tuesday 17 November 2015 at 11 am the CPSU will meet with AFSA and explain what it intends with its written response and answer any questions which might come from AFSA or any of the bargaining representatives in attendance. In order to facilitate that meeting on Tuesday 17 November the Fair Work Commission will make available to the parties, if it is able to do so, its video conferencing facility. My associate will shortly make arrangements for that purpose. If for some reason the video conferencing system is not available at that time, we will communicate that to the parties and put to them an alternative proposal.

PN6

(3) On or before Thursday 19 November 2015 AFSA will respond to the CPSU regarding its 17 November communication and the matters discussed in the meeting that was held on that day.

PN7

(4) At 10 am on Friday 20 November 2015 in Canberra there will be a bargaining meeting of AFSA and all bargaining representatives, which will be held at the AFSA premises in Canberra. In order to facilitate that meeting I recommend that AFSA will allow bargaining representatives and CPSU delegates to attend that meeting. The bargaining meeting on that day will bargain on the subject matters that have been raised in the CPSU's 17 November 2015 correspondence.

PN8

(5) To the extent that it is able to do so, AFSA will respond to the CPSU and other bargaining representatives about the matters discussed in that meeting on 20 November by the end of the same day with its decision about all outstanding bargaining matters and will, to the extent that it is reasonably able to do so, provide that decision in the form of a final marked up proposed enterprise agreement, together with a final explanation to employees for the purposes of section 180(5).

PN9

(6) Provided that such final position is communicated to the CPSU on Friday 20 November or on one of the weekend days that follow, the CPSU undertake that it will provide its final response to AFSA in writing by no later than the close of business on Tuesday 24 November 2015. In the eventuality that the AFSA final position is not provided on the Friday or one of the weekend days, then the CPSU will undertake to provide its response within two working days after having received the final response from AFSA.

PN10

(7) The CPSU will agree to confine its response to the AFSA final position to effectively three classes of matters:

PN11

(a) those matters that have been discussed in bargaining since Tuesday 17 November 2015;

PN12

(b) any typographical or any other matters of a non-contentious type pertaining to the draft proposed agreement; and

PN13

(c) statements of the union positioning such as those regarding APS bargaining generally.

PN14

(8) If the CPSU does that AFSA will be expected to consider and respond, as best as able to, to the first of those matters only, that is it can be reasonably expected to respond to the matters discussed in bargaining since Tuesday 17 November, and any typographical or other non-contentious that might have been raised in the CPSU's response.

PN15

(9) In that further consideration and response AFSA will indicate two bargaining representatives whether and when an access period for a proposed enterprise agreement will begin. I note in that regard that AFSA does not intend to resile from its desire to have a proposed enterprise agreement balloted and if possible made before mid-December 2015.

PN16

(10) And finally, I indicate to the parties that the Commission remains prepared to conduct further conciliation between the parties at short notice if that becomes necessary to do so, and in addition I would indicate to the parties that in the event that the agreement is made following the ballot, the Commission will endeavour to provide an expedited approval process once an application for approval is made, and rather than going into detail about that matter at this time, what I would suggest is that if the agreement is actually made following approval in a ballot, then the parties should contact my Chambers about that fact, and should also then expect some discussions with my associate about a means by which we can in fact expedite the approval process if that is possible to do so.

PN17

That concludes my recommendation. Before I turn to the parties, what I would indicate to them is that I have requested the transcription service to provide this part of the transcript to the parties as soon as we can today. If that is not possible to do so then it would be provided on the morning of Monday 16 November.

PN18

If I can turn to you, Mr Kemppi. Are you in a position to indicate whether you are able to agree to that recommendation?

PN19

MR KEMPPI: Yes, the CPSU agrees to the recommendation.

PN20

THE COMMISSIONER: All right. Thank you. And Ms Mitra?

PN21

MS MITRA: Thank you, Commissioner. AFSA agrees to that recommendation.

PN22

THE COMMISSIONER: All right. In that case I will now adjourn the proceedings and wish you luck with that process. Thank you.

ADJOURNED INDEFINITELY [1.38 PM]


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