The downward trend in dispute notifications evident in recent years moderated slightly and should be seen in the context of further increases in the number of notifications pursuant to dispute resolution procedures in agreements and applications for orders to stop or prevent industrial action. The number of applications in relation to certified agreements declined significantly by comparison with the year before but the number was still in advance of the number for the 1997-98 year. Applications for a remedy in relation to termination of employment reduced in number somewhat. The number of Commission decisions required in such applications on jurisdictional issues, the substantive case and separate costs applications totalled over 700 - indicating a very substantial increase in decision load. The last entry on the table provides data in relation to applications made to the Employment Advocate for approval of Australian Workplace Agreements which are referred to the Commission. The number of such references is considerable.
There were 407 Full Bench matters determined including 159 appeals. The number of Full Bench matters has increased in recent years. If a Full Bench matter is withdrawn or settled and no substantive order is made it is not included in the number of matters determined. There are always fewer matters determined in the number of matters determined. There are always fewer matters determined than there are lodged/referred. Nevertheless, there are some signs that a backlog is developing. The following table (Table 2) gives a breakdown of Full Bench matters by reference to the section of the Act under which the proceedings were initiated.
Frequently a number of Full Bench matters are heard concurrently and dealt with in the one decision. The number of separate Full Bench decisions handed down during the year was 177, compared with 161 in the previous year. Information concerning decisions on a quarterly basis is shown in Chart 1 above. Decisions in appeals arising from applications for a remedy in relation to termination of employment constitute a little under half of the total number of separate appeal decisions.
Table 3, on the previous page, shows that in the year ended 30 June 2000 there were 5,738 applications for the certification of agreements and 5,539 agreements were certified. Those numbers are significantly less than in 1998-99 but correlate roughly with 1997-98. The number of agreements which are made with unions has increased over the last two years and the number made with employees has also increased over the same period. There has also been a decline in the number of agreements made pursuant to s.170LS.
Agreement processing time, ( Chart 2) the time between lodgment of an application for certification and the issue of the instrument of certification, has declined over the last two years. The number of applications was about 1,500 in 1993-94 compared with nearly 6,000 last year. The growth in the number of applications has led to changes in the Commission’s internal procedures and modifications were also required to the Commission’s Rules. The processing time for agreements made pursuant to s.170LJ, by far the most common form of application, is currently 29 days.
There were a total of just over 20,000 hearings conducted during the year, approximately 1,400 of which were held in regional cities and towns. There were also approximately 500 hearings by telephone and 350 hearings by videoconference. Members of the Commission whose primary appointment is to a State industrial authority continue to play an important role in dealing with applications in South Australia, Western Australia and Queensland. With no primary appointments in Adelaide for the past two years the assistance of the four dual appointees has been crucial. Even with that assistance, however, difficulties arise in handling matters at short notice. It is still necessary for Members to travel to Adelaide from other States on a regular basis.
