200613-Negotiation Bargaining and Advocacy

Part A

The questions in Part A concern third party dispute intervention and advocacy. In answering the questions you should consult the transcript extract of the Fair Work Commission (FWC) hearing detailed below:

Matter No: C2015/7219

Before: Deputy President Sams, Fair Work Commission

Location: Sydney

Date: 15 January 2016

Parties: Australian Rail, Tram and Bus Industry Union

and NSW Trains

Re: s.739 – Application to deal with a dispute (NSW Trains Enterprise Agreement 2014)

Please read the extract of the transcript of the Fair Work Commission hearing of the case between the Australian Rail, Tram and Bus Industry Union (the Union) and NSW Trains, and answer the following five (5) questions. Select the option that best answers the question.

Question A1

Who is the advocate for the Union?

(a) MS EPPS 

(b) MR JAUNCEY 

Question A2

Why did MR JAUNCEY at PN34 to PN45 object to the witness statement (Exhibit #1) of Mr Scott Hayes?

(a) It was hearsay evidence 

(b) It lacked relevance 

Question A3

Why did MS EPPS object to the cross-examination (XXN) question of MR JAUNCEY asked at PN128?

(a) It was hearsay evidence 

(b) It lacked relevance 

Question A4

What type of question did MS EPPS ask at PN145?

(a) Direct question 

(b) Leading question 

Question A5

Why did MR JAUNCEY object to the re-examination (RXN) question asked by MS EPPS at PN150?

(a) It was a leading question 

(b) It was new evidence

Part B

The questions in Part B concern third party dispute intervention and advocacy. In answering the questions you

should consult the transcript extract of the Fair Work Commission (FWC) hearing detailed below:

Matter No: C2016/3583

Before: Commissioner Johns, Fair Work Commission

Location: Melbourne

Date: 22 June 2016

Parties: New South Wales Nurses and Midwives' Association

and Bupa Care Services Pty Limited T/A Bupa

Re: s.739 – Application to deal with a dispute

Please read the extract of the transcript of the Fair Work Commission hearing of the case between the New South Wales Nurses and Midwives' Association (the Union) and Bupa Care Services Pty Limited (Bupa), and answer the following five (5) questions. Select the option that best answers the question.

Question B1

Which party does the advocate MR COOK represent?

(a) Union 

(b) Bupa 

Question B2

During examination-in-chief (XN) of Mr Christopher Blair, MR HOWELL asked him a few simple questions at

PN73 to PN81 about his witness statement (Exhibit #A2). Why were the questions asked?

(a) To “prove” the authenticity of the statement ?

(b) The witness was unknown to the advocate ?

Question B3

At PN372 to PN373, Commissioner Johns highlights previous comments of MR COOK. Where in the transcript

did MR COOK make these comments?

(a) PN359 

(b) PN363 

Question B4

At PN481 to PN485 there is mention of the “dispute resolution procedure” (DRP) of the enterprise bargaining agreement. Under the DRP, what happens if Bupa and an employee cannot agree to change the working hours roster?

(a) Fair Work Commission conciliates the dispute 

(b) Bupa dismisses the employee 

Question B5

At PN521 to PN524 Commissioner Johns suggested MR COOK might object to the exhibit evidence to be tended by MR HOWELL. What would be the reason for the objection?

(a) The documents lacked relevance 

(b) The opposing advocate had not yet seen the documents 

Part C

The questions in Part C concern third party dispute intervention and advocacy. In answering the questions you should consult the transcript extract of the Fair Work Commission (FWC) hearing detailed below:

Matter No: C2016/4879

Before: Senior Deputy President Hamberger, Fair Work Commission

Location: Sydney

Date: 12 August 2016

Parties: Jemena Asset Management Pty Ltd and Australian Municipal, Administrative, Clerical and Services Union

Re: s.418 – Application for an order that industrial action by employees or employers stop etc.

Please read the extract of the transcript of the Fair Work Commission hearing of the case between Jemena Asset Management Pty Ltd and the Australian Municipal, Administrative, Clerical and Services Union (the Union), and answer the following five (5) questions. Select the option that best answers the question.

Question C1

Who was the advocate for the Union?

(a) MR BELL 

(b) MR VICTORY 

Question C2

What type of question did MR VICTORY ask at PN184?

(a) Leading question 

(b) Non-leading question 

Question C3

How many “points” were there to the case theory of the advocate for the Applicant summarised at PN249?

(a) Two 

(b) Three 

Question C4

Why is PN250 important to the case theory of the advocate for the Respondent?

(a) It was submitted the work ban (industrial action) had ended 

(b) It was submitted the work ban (industrial action) had not ended 

Question C5

Why is PN256 important to the case theory of the advocate for the Respondent?

(a) The “shut-down” was due to the work ban 

(b) The “shut-down” was planned by the Applicant