Deputy President. We asked the union during the - when it was identified as where did that figure come from and we didn't have that explained to us and that was noted in our form 1. I can't see where it could come from because it's a laundry allowance of $1000 a year effectively and that has no precedent. Having worked in the police service many, many years ago as an industrial person, even the detective clothing allowance was only in the vicinity of about $2500. So to have just laundry allowance and they're expected to buy suits et cetera for that, so I don't know any precedent where a $19 - that's - we are absolutely - a mystery to us. THE DEPUTY PRESIDENT: Yes, yes. So you're saying using the explanations you've provided here that I could or should exercise my discretionary power to correct that.
Deputy President. THE DEPUTY PRESIDENT: And even despite the schedule showing a much greater number. XX XXXXXXX: We do not (indistinct) with that.
Deputy President. XXXX XXXX XXXXXXXX Board Member
Deputy President. We are currently debating a motion by Hon Xxx Xxxx to send this bill to a committee to look at a number of issues and that it report on 20
Deputy President. The Full court there relies on the Pilots decision, the Tenix decision, the Beltana decision, all of the decisions that have come before, both under 217 and the predecessor legislation. Those decisions are called on, by the Full Court, for foundational propositions about the operation of section 217. PN389 So we put entirely to one side the idea that Xxxxxx says anything at all about the controversy between us, on the question of the mutual intention of the parties. In my submission, no support is found, in Xxxxxx, for the proposition that the earlier authorities, to which I'm about to take you, should be treated with
Deputy President we've dealt with this in writing and I'm not going to go into these in detail, but commend the written submissions to you – bargaining is on foot. It is under way. You have evidence before you that this clause is subject to those negotiations and that submission is made in the context of the Act which identifies that bargaining at an enterprise level is the policy choice of the legislature as to how industrial rights ought to be determined between the parties. PN632 There is the reality that this clause can be construed, Deputy President. Now, you don't need to engage in that task for the purpose of finding ambiguity or uncertainty, but it is something you're entitled to take into account in the exercise of discretion that it is a clause inherently capable of being construed and in those circumstances it is not the case that the parties are without alternative rights to resolve the dispute between them; and in fact those rights have been exercised. PN633 There is the differential right that this would create for those to whom the current agreement applies as against those to whom an earlier agreement applied and that is a matter that is inherently productive of industrial disputation. There is the opposition of which your Honour has ample evidence, both through the statements provided to you, Deputy President, by the NTEU, but also by those individuals who have contacted your xxxxxxxx and notified you of their opposition to the change. PN634 Now, my learned friend says 4000 people are apparently fine – I think was the expression used. We can draw no inference whatever from the fact that a large number of people did not contact the tribunal. That is a fact that is neutral, save to say this: at an earlier directions hearing I said to your Honour that if the NTEU didn't have the opportunity to contact those people directly, I would make a submission that that means the absence of contact from those people can be given less weight than it otherwise would because a union is a party that is inherently likely to make communications that are likely to be read and understood and responded to by individuals. PN635 My client has been deprived of that opportunity and so the fact that some 4000 people did not contact the Commission is of less weight than it would have been if my client had been afforded that opportunity. More importantly, Deputy President, we cannot say that because those people did not contact the tribunal they support the variation. At best we can sa...
Deputy President. TOOWOOMBA REGIONAL COUNCIL NUMBER 1 SALARIED OFFICERS’ CERTIFIED AGREEMENT TABLE OF CONTENTS
