EXHIBITION INDUSTRY (TRADE AND PUBLIC PROMOTIONS SERVICES) AWARD 1992(1) (ODN C Nos. 32656 and 32707 of 1991)

Exhibition employees Entertainment and broadcasting industry

DEPUTY PRESIDENT POLITES MELBOURNE, 21 JULY 1992

Industrial dispute - dispute finding - refrain from hearing - argument for the existence or otherwise of industrial dispute was incomplete - application refused.

The following is an edited version of a decision made in transcript on 10 July 1992.

I have before me an application pursuant to section 111(1)(g) to dismiss this matter or refrain from hearing it further. Two grounds have been advanced. Firstly there is some suggestion that there is no dispute of the requisite character sufficient to ground the granting of the application, and second that to grant the application would be to proceed inconsistently with earlier decisions(2) made by me when the award and a related application under section 118A were dealt with by the Commission.

I do not propose to grant the application at this point of time.

The argument as to the existence or otherwise of a dispute is in my view incomplete. I could not proceed to grant the application on that basis in the absence of full argument about the nature of the findings that were made by the Commission. Such findings are of course, subject to me setting them aside, binding upon me.

Secondly, as to the issue of the previous decisions of the Commission in relation to this matter, while I made some observations about the nature of the orders then sought, I did indicate that it may be possible to vary the award, and in the absence of a full argument in relation to that matter I would not propose to exercise my discretion pursuant to section 111(1)(g). Therefore as I indicated, at this time I do not propose to exercise my discretion to either dismiss or refrain from hearing this application.

Further, I formally direct the parties to confer in relation to this application, and a report back and/or further hearing will occur at a future date as the parties think appropriate.

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(1)Print K0685 [E081] (2)Prints K2955, K2957, K2956

G. Innes for the Entertainment Industry Employers' Association.

C. Livingstone for the Media, Entertainment and Arts Alliance.

A. Bukarica for the Construction, Forestry and Mining Employees Union, The Operative Painters and Decorators Union of Australia and The Federated Furnishing Trade Society of Australasia.