C2001/1826, Transcript of Proceedings [2001] AIRCTrans 1055 (4 June 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 7393

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2001/1826

AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION

and

MARS CONFECTIONERY OF AUSTRALIA

Notification pursuant to section 99 of the Act
of a dispute re a written warning for misconduct

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

TUESDAY, 15 MAY 2001

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [11.26am]

PN1

THE COMMISSIONER: I have had discussions with the parties, both together and separately in conference and once again went through some of the issues in what I will term the black book. Some of the notations in the book that was tendered before Senior Deputy President Williams in the first instance have some good things to say about the employee. The company has agreed that it will withdraw what is termed a final warning and in its stead will issue a general warning which will detail the employee's shortcomings from the company's point of view and matters to be resolved for the benefit of the employee and the company and their future relationship.

PN2

To do that in writing by itself would be useless and to ensure that the parties benefit from that sort of a document, it is essential that a conference be organised which would include Mr Davis and the direct line manager of Ms Money's, Mr Hale from the union with matters from the union and the on-site delegate. The purpose of that meeting would be so that the employee concerned is fully aware of what the warning contains and means so that there is no argument at a later time as to whether or not issues were raised. It is essential that the site delegate be present so that if any issues arise on a daily basis that need attending to or resolving, that that person is aware of what was put in what I will call a counselling session.

PN3

In the event that the employee concerned does not respond to this counselling session and responds properly to the issues raised, the company has a right to resolve the matter in the terms of the company's policy. I would strongly recommend that if the company decided that things were not working out properly, the union official should be informed before any further action is taken. It may negate the need to go somewhere else or it may not.

PN4

Now, the recommendation is made on the basis that both the parties will benefit from this. Hopefully it will work. If it does not, well, good luck. As to the arguments about jurisdiction, I do not need to address them. I would say, though, that if the arguments had continued, the Commission would have taken it upon itself to deal with the matter pursuant to section 111(1)(t), anyhow, just for the information of the parties before the Commission. Do you understand what I have said, Mr Hale?

PN5

MR HALE: Yes, Commissioner.

PN6

THE COMMISSIONER: Mr Dalton.

PN7

MR DALTON: Yes, Commissioner.

PN8

THE COMMISSIONER: I would ask that transcript of the proceedings after the resumption be supplied as a matter of urgency. My Associate will fill in the necessary forms and so will the parties. The Commission is adjourned. Good morning.

END OF EXTRACT