Unacceptable delay by AIRC Commissioner

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Unacceptable delay by AIRC Commissioner

A Full Bench of the AIRC has criticised a Commissioner for a delay in processing a certified agreement.

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A Full Bench of the AIRC has criticised a Commissioner for a delay in processing a certified agreement.

The Full Bench considered that the processing of the matter had reflected badly on the Commission.

Background

Commissioner Lewin was concerned that a certain draft agreement might fail the no-disadvantage test, so he referred it for analysis to a consultant at the Work and Economic Policy Research Unit at Victoria University.

Various other delays meant that it was 11 months before Commissioner Lewin finally refused certification of the deal.

Full Bench views

The Full Bench noted that the referral caused a substantial delay of 15 weeks in considering certification of the deal and there was no apparent justification for the delay.

The Full Bench noted that the average time for determining s170LKagreements is 32 days and that 85% of s170LK deals were certified within 48 days.

Direct communication between employer and consultant

The Full Bench also commented adversely on communication between the Commissioner and the consultant.

The Full Bench considered the evidence should have been treated in the usual manner - presented as evidence and be subject to cross-examination.

See: Knightwatch Security Pty Ltd - FB of AIRC - PR943374 (6 February 2004). 

   

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