COMMISSIONER WATLING Ill take appearances please MR P

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COMMISSIONER WATLING Ill take appearances please MR P Powered By Docstoc
					     COMMISSIONER WATLING:             I’ll take appearances please.

     MR P. BEVILACQUA:      If the commission pleases, Peter Bevilacqua on behalf of the
     Tasmanian Catholic Education Employees Association and with me is the president of
     that association, MR CHRISTOPHER SMALLBANE.

5    COMMISSIONER WATLING:            Thank you Mr Bevilacqua.

     MR W.J. FITZGERALD:      If it pleases, I appear on behalf of the Tasmanian Chamber
     of Commerce and Industry, FITZGERALD, W.J.

     COMMISSIONER WATLING:            Thank you. Mr Fitzgerald. Mr Bevilacqua.

     MR BEVILACQUA: Thank you, Mr Commissioner. Mr Commissioner, we come before
10   you in continuance of our previous meeting in this matter dealing with the Catholic
     Education Award restructuring. I believe that in the vast majority of cases we now
     have reached agreement. In fact, I have only three minor matters listed at this stage
     which we have not agreed on and I would like to list them at this stage, just briefly.
     One, is to do with clause 7, to do with definitions, on consultative committees and the
15   structure thereof, not the principle of consultative committees.

     Two, is clause 10, to do with dispute settling procedures. We would like, at some
     stage, to have a due process procedure included in that section and we would like to
     discuss that later and clause 23, in positions of responsibility, as yet we have not yet
     reached agreement, although we are pretty close there as well, on time release, in
20   those three matters. Of these three matters, we may be able to further progress at the
     end of this hearing today with the commissioner’s permission in a negotiating
     conciliation meeting and hopefully resolve them and, if not resolve them, either have
     them listed as reserve matters or, at the very extreme, for arbitration on 12 or 13
     November, which I believe a day is set aside for further hearing, if necessary, for
25   arbitration.

     COMMISSIONER WATLING:         Right. So, you’re seeking that it be adjourned today -
     for a moment anyway, to have a look at those three things?

     MR BEVILACQUA: Well, we could do it that way, if that’s okay with you. Is that what
     you’re suggesting at the moment?

30   COMMISSIONER WATLING:               Yes. Well, I’m not suggesting - is that what you’re

     MR BEVILACQUA:        I think we’d rather go through all the matters that we agree.
     There are so many that are agreed and so little not agreed at this stage.

     COMMISSIONER WATLING:            Right.

35   MR BEVILACQUA:           And we may be able to adjourn, with your permission, later this

     COMMISSIONER WATLING:              Well, are we going to have to come back on 13th? I
     haven’t got my calendar here.

     MR BEVILACQUA:          Well, I would hope not to. I would hope we would have all those
40   resolved, if not this afternoon, then between now and the 12th.

     COMMISSIONER WATLING:             Right. So, have we got - will we have to come back on
     the 12th, or can we finalise this matter today? That’s what I think I’m suggesting.

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     MR BEVILACQUA:            Well, if we can finalise it today - I’d be more than happy to
     finalise it today but I think we may have a bit of a problem with release time for today,
     because we only have - I don’t mean to be derogatory but we only have one
     representative of the employees at this stage and I think we would need to have
5    another member with us - Mr Stephens, to finally agree on that particular matter.

     COMMISSIONER WALTING:             Right. I was just thinking aloud then. If you’ve got
     everything settled, bar these three issues and you think that we have to come back on
     another day, would it not be appropriate to finalise the matter on the next day of
     sitting then? What are we doing today if we’re not going to finalise it?

10   MR BEVILACQUA:          Just ratifying, or presenting to the commission a number of
     matters that are to be dealt with of which, as I’ve said, there are just -

     COMMISSIONER WATLING:                 So, you’re seeking to amend the application to deal with
     all those subject matters?

     MR BEVILACQUA:           Yes.

15   COMMISSIONER WATLING:                 Right. Now, have the other side got a copy of this?

     MR BEVILACQUA:           Just getting one, Mr Commissioner. Now, if I may just refer you -

     COMMISSIONER WATLING:         Hang on. We’d better get this all in order first - don’t
     race me. Are you seeking leave to amend your application to include the subject
     matters contained in the document you just tendered?

20   MR BEVILACQUA:           Yes, I do.

     COMMISSIONER WATLING: Well, we’ll give this an exhibit number then, to get it all
     in order. This will be your first exhibit in relation to this application, I think. I’ll just
     check. Yes. We’ll mark this exhibit B.1.

     MR BEVILACQUA:           Thank you.

25   COMMISSIONER WATLING:         Now, are there any objections to the application being
     amended to include the subject matters as per exhibit B.1?

     MR FITZGERALD:           No objection.

     COMMISSIONER WATLING:                 No objection. Leave is granted.

     MR BEVILACQUA:       Thank you. Now, if we just have a quick look at those matters
30   presented, Mr Commissioner, you’ll find that on the first page, next to Definitions, I’ve
     added, consultative committees, under Arrangement, Subject Matter, Definitions,
     consultative committees in biro and further down, under Division A, General
     Conditions For All Employees - Dispute Settling Procedures, in brackets I’ve added,
     due process.

35   Over the page, there’s an asterisk in Division B, under Positions of Responsibility, see
     time release. There’s an asterisk there. They are the only three matters that are not in
     agreement at this stage.

     COMMISSIONER WATLING:                 Right.

     MR BEVILACQUA:           And I’d be guided by the -

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     COMMISSIONER WATLING:              The options are, to continue discussions or go to
     arbitration. They’re the only options. Or, I suppose, there is another option, that you
     pursue your claim on those three issues at some later stage and they’ll be the subject
     of a separate application. They’re really the options you have.

5    MR BEVILACQUA:         Well, in that case then, Mr Commissioner, could I ask for an
     adjournment, in that the commissioner sit in and we have a discussion on at least one
     of those matters, which I think we can resolve pretty quickly.

     COMMISSIONER WATLING:              Right.

     MR BEVILACQUA:          And then come back and remove that from the matters to be
10   resolved, if necessary.

     COMMISSIONER WATLING:              Mr Fitzgerald, what’s your view?

     MR FITZGERALD:           Yes, I think that would be a sensible course.

     COMMISSIONER WATLING:              Well, we’ll go off the record. Thank you.




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