Pino de Luca and CSL limited

[1994] IRCA 65

General distribution not required

IN THE INDUSTRIAL RELATIONS  

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)  No. VI 447 of 1994
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COURT OF AUSTRALIA  
  
VICTORIA DISTRICT REGISTRY  

BETWEEN:

PINO DE LUCA

Applicant

AND:

CSL LIMITED

Respondent

REASONS FOR JUDGMENT

24 June 1994  KEELY J.

In this matter the applicant and the respondent sought an order that the proceeding be referred to a member of the Australian Industrial Relations Commission ("the Commission") for mediation and that the Commission be informed that the proceeding is not an application pursuant to s.170EA of the Industrial Relations Act 1988 ("the Act"). It was pointed out to the parties that, even if the court had power to make such an order, a very large number of applications under s.170EA have already been referred to the Commission under s.170EC of the Act for conciliation; accordingly that it might not be possible for the Commission to find time to mediate in this matter if the request for a reference were to be granted. The parties were informed that enquiries would be made as to the prospects of any such mediation, if it were to take place, being conducted in the reasonably near future, and that the court would

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consider what was the appropriate course to be adopted in order to give effect to the parties' wish for mediation to take place.

Since the matter was before the court on Monday last, enquiries have been made. In the light of those enquiries, and having considered the parties' submissions, the court has decided that the preferable course is for the matter to be referred, under Order 72 rule 1 of the court's rules, to a mediator; under rule 6(1) the Registrar of the court will nominate a person as the mediator and give the parties written notice.

Although the parties jointly asked that the directions hearing in this matter be adjourned to 15 August 1994 it has become necessary to adjourn the matter instead to 22 August 1994.

I certify this and the preceding page are a true
copy of the Reasons for Judgment of the Honourable Mr Justice Keely.

Associate:

Dated: 24 June 1994