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C2001/ 3728 , Transcript of Proceedings [2001] AIRCTrans 1780 (2 August 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:(03) 9672-5608 Fax:(03) 9670-8883

TRANSCRIPT OF PROCEEDINGS


O/N 8411

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

C2001/ 3728 

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE,
CLERICAL AND SERVICES UNION

and

BAW BAW SHIRE COUNCIL

Notification pursuant to section 99 of the Act
of an industrial dispute re alleged failure of
council to pay redundancy entitlement to an
employee

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

MONDAY, 16 JULY 2001

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [5.11pm]

PN1

THE COMMISSIONER: I have conferred with the parties in conference, and what I propose to do is to put forward a recommendation to the parties for resolving this issue between them. I do not rule on whether or not the enterprise agreement, the Baw Baw Shire Council Enterprise Agreement Number 2, includes or excludes temporary employees as the terms of my agreement does not require the resolution of that question.

PN2

I have examined briefly the terms of temporary employment under the Victorian Local Authorities Interim Award 1991, and it appears to me that there are some significant issues which the employer would need to address to demonstrate that Ms Hammond was not a temporary employee. In the circumstances, I am going to recommend this course of action, that Council apply the terms of 17.1, 17.2 and 17.3 of clause 17 of the Baw Baw Shire Council Enterprise Agreement Number 2.

PN3

I make that recommendation to both parties and I would ask I be notified tomorrow or the next day if that recommendation is accepted or rejected. If the recommendation is rejected, then I will re-list the union's notification, although I may well re-list it more properly under section 170LW of the Act which is that section that deals with the settlement of disputes as to the proper application of agreements.

END OF EXTRACT