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C2001/ 1444 , Transcript of Proceedings [2001] AIRCTrans 1798 (3 August 2001)

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ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 8424

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

JUSTICE BOULTON

C2001/ 1444 

HOSPITALITY INDUSTRY - ACCOMMODATION, HOTELS,
RESORTS AND GAMING AWARD 1998

Application under section 113 to vary an Award
concerning rates of pay and conditions of
employment

MELBOURNE

10.12 AM, TUESDAY, 17 JULY 2001

Continued from 7.6.01 in Sydney

THIS HEARING WAS CONDUCTED BY VIDEO CONFERENCE
AND RECORDED IN MELBOURNE

PN41

HIS HONOUR: Yes, are there any changes in the appearances? No? Who wishes - and good morning everyone including those in Sydney - who wishes to start the report back?

PN42

MR HEALY: Your Honour, I will start if no one has any objection.

PN43

HIS HONOUR: Yes, Mr Healy.

PN44

MR HEALY: Your Honour, just to report that negotiations between the applicant and the union are progressing well. Since our last report back in Sydney there has been a number of meetings between both parties. These have occurred in May 11 in Sydney, June 6 in Sydney, June 25 in Canberra and July 9 in Sydney. During those meetings there have obviously been numerous documents and views exchanged. The next meeting I believe is scheduled for this afternoon I believe by a telephone hook up. The applicant and the union will discuss various items that have been put across the table in the last few meetings.

PN45

As such given the progression of the matter the assistance of the Commission is not required at this stage. As I said there are further meetings scheduled in the near future. We would request - the applicant's operations are going to be severely disrupted over the next few weeks due to the Australian Hotels Association National Convention which is - begins I think - I believe next Monday in Melbourne. As a result the whole office is being moved to Melbourne at the end of this week and we therefore request that the next report back be listed not less than six weeks away, your Honour. If the Commission pleases.

PN46

HIS HONOUR: Yes. Now, who is going to say something on behalf of the union?

PN47

MR SWANCOTT: Well, your Honour ..... union. My name is Swancott - - -

VIDEO LINK UP MALFUNCTION

PN48

HIS HONOUR: Mr Swancott, can you hear me quite clearly?

PN49

MR SWANCOTT: Yes, your Honour.

PN50

HIS HONOUR: Yes. We are having some trouble hearing most of what you are saying so keep going. We will see if the problem rectifies itself.

VIDEO LINK UP MALFUNCTION

PN51

HIS HONOUR: We are having some technical problems but perhaps I can just confirm with you some of the things that you have said. That is, that there are continuing negotiations and discussions between the parties. I don't - I am not sure what you said in relation to the next report back although I would ask the parties this question and that is, do you want me to list the matter again for report back or would you prefer me just to leave the matter, as it were, in abeyance and when there is something that has occurred such that there is a need for Commission involvement or for the Commission to schedule some conciliation or some hearing in regard to programming the matter then the parties can write to me and I will endeavour to bring that on as soon as I can and, you know, in Sydney or Melbourne according to what the request is to me. What do you say about that firstly, Mr Healy?

PN52

MR HEALY: Your Honour, I think - we would request that the matter is - another report back is listed purely to, I suppose, keep the matter moving. We are certainly not opposed to your Honour's suggestion. However, hopefully in sort of six to eight weeks time if a report back is listed then we may be in a position to use the Commission's assistance by way of programming etcetera, etcetera.

PN53

But I think if your Honour - we would request that your Honour list the matter in a time frame already suggested and if your Honour will leave it open to us that if we - if negotiations are continuing and we still can't use the assistance of the Commission - we will know that hopefully at least a week prior to the listed report back - we can notify your Honour and perhaps then have it put back again. But I think by way of, as I said, sort of I guess keeping pressure on both parties to keep negotiations up and keep the ball rolling it may be appropriate that the matter is listed.

PN54

HIS HONOUR: Yes. Where do you want it listed, Sydney or Melbourne?

PN55

MR HEALY: Melbourne, your Honour.

PN56

HIS HONOUR: Now, Mr Swancott, you heard all that, what do you say?

PN57

MR SWANCOTT: We don't disagree - - -

VIDEO LINK UP MALFUNCTION

PN58

HIS HONOUR: You don't disagree with what Mr Healy has said? You have to answer me again.

PN59

MR SWANCOTT: Sorry, your Honour - - -

VIDEO LINK UP MALFUNCTION

PN60

HIS HONOUR: I think the technology is failing us. We are going to try to re-establish the link so can you just hold on for a moment.

OFF THE RECORD

PN61

HIS HONOUR: I think for the purposes of the record I am going to ask you to repeat what you said before. The transcript writer tells me that we weren't able to pick up what you said.

PN62

MR SWANCOTT: Yes, your Honour.

PN63

HIS HONOUR: So perhaps from the initial part of your submissions you should just tell me what you said before again. We are back on the record now.

PN64

MR SWANCOTT: Yes, your Honour. The union confirms that there have been useful meetings between the AHA and the union. A number of drafts have been exchanged and correspondence. They deal with two issues. First is the finalisation of the item 51 review of appendix A to the award and in the context of that alternatives which include consideration of the structure of the award itself. The union agrees that the conference that is scheduled for this afternoon should lead to further refinements of the positions of both parties and we therefore are willing to continue the process of seeking an agreement between the parties. So that at this stage we agree that it would be premature to seek the assistance of the Commission in conciliation.

PN65

Accordingly we agree also that there should be another date set for this matter for a report back because we accept that that provides a focus for the parties to continue their joint action and basically puts them under some deadline pressure which, in the absence of our formal report back date may allow these matters to slip. Thank you, your Honour.

PN66

HIS HONOUR: Yes. I have discussed with Mr Healy whilst we were waiting for the connection to be improved the possible date and we came up with Tuesday, 18 September in Melbourne. Is that date all right by the union?

PN67

MR SWANCOTT: I am just checking. Yes, your Honour, I don't think that is a problem.

PN68

HIS HONOUR: Yes. And I think we should do it on the basis that within a week before that date if the parties are simply going to proceed by way of a short presentation by way of report back and there isn't a need for, as it were, any conciliation or detailed examination of matters then you might let me know and then it might be that I can do it by video conference from Sydney or - anyway the appropriate arrangements can be made so that it can be conducted in a timely fashion. If, on the other hand, some considerable time is needed by way of conciliation or further discussion then you could also let me know at least a week before so that I can set aside the required amount of time.

PN69

MR SWANCOTT: Yes, your Honour.

PN70

HIS HONOUR: I think that is all that needs to be done today. Is there anything else, Mr Healy?

PN71

MR HEALY: Nothing further, your Honour. Perhaps a time. Would you know that at this point or - - -

PN72

HIS HONOUR: We will say at 10 o'clock on that day. Anything else, Mr Swancott?

PN73

MR SWANCOTT: No thank you, your Honour.

PN74

HIS HONOUR: Yes. Well, the proceedings will be adjourned until 10 o'clock on 18 September in Melbourne. Yes, thank you.

ADJOURNED UNTIL TUESDAY, 18 SEPTEMBER 2001 [10.38am]