C2001/387, Transcript of Proceedings [2001] AIRCTrans 109 (2 March 2001)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER WILKS

C2001/387

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

and

ALLIED COAL PTY LIMITED

NOTIFICATION PURSUANT TO SECTION 99
OF THE ACT OF A DISPUTE RE DISAGREEMENT
OF ROSTER ARRANGEMENTS AT RUSSELL VALE
COAL HANDLING AND PREPARATION PLANT

SYDNEY

3.40PM, TUESDAY, 13 FEBRUARY 2001

Adjourned sine die

PN1

THE COMMISSIONER: Could I have the appearances please?

PN2

MR G. WHITE: Commissioner, I appear for the CFMEU and with me today I have MR J. MARTIN and MR A. LOVE.

PN3

MR W.T. ELLICOTT: Commissioner, I seek leave to appear on behalf of Allied Coal this afternoon and with me is MR G. PITT, the manager of the operation.

PN4

THE COMMISSIONER: Thank you. Mr White, do you have anything to say about the application for leave?

PN5

MR WHITE: Commissioner, it was our intention today to seek your guidance rather than get into a full blown case, so I don't have any trouble with him at this particular time.

PN6

THE COMMISSIONER: You are proposing to adjourn into conference?

PN7

MR WHITE: Yes.

PN8

THE COMMISSIONER: Okay. Well, Mr Ellicott, leave is granted on a provisional basis, that is that should this matter proceed into formal hearing you will be at liberty, of course, to present whatever material you seek to present on behalf of the company, but on the adjournment into conference, assuming that that is what I do, obviously I will expect management to be involved in that conference.

PN9

MR ELLICOTT: Certainly, Commissioner.

PN10

THE COMMISSIONER: All right, leave is granted on that basis. Mr White, is there anything you want to put on the record before we adjourn into conference?

PN11

MR WHITE: Not particularly.

PN12

THE COMMISSIONER: Okay, Mr Ellicott?

PN13

MR ELLICOTT: No, Commissioner.

PN14

THE COMMISSIONER: All right, we will adjourn into private conference then and we'll leave the record.

SHORT ADJOURNMENT [3.45pm]

RESUMES [4.10pm]

PN15

THE COMMISSIONER: This matter was notified to the Commission by the CFMEU in relation to the roster arrangements in place at the Russell Vale Coal Handling and Preparation Plant. From the outset it should be noted that the Russell Vale Coal Handling and Preparation Plant Enterprise Agreement 2000 at clause 6 specifically sets out the rights of the company in relation to the types of shift arrangements which the company may at its discretion employ. Notwithstanding that, having heard the parties in private conference, the Commission intends to issue a recommendation for the consideration of the parties as follows:

PN16

After consultation with the parties in private conference the Commission recommends that serious consideration be given to the implementation of the following:

PN17

1. That for a trial period of three months the company should implement a fixed shift arrangement at the washery subject to achieving an appropriate skills mix on each shift.

PN18

2. At the conclusion of the trial period the parties should meet and confer about the results of the trial and the advantages and disadvantages of the fixed shift arrangements.

PN19

3. Following consultation referred to in 2 above the company will determine whether it will retain the fixed shift arrangement or in the alternative implement the current rotating shift arrangement or other shift pattern in accordance with its rights under the Russell Vale Coal Handling and Preparation Plant Enterprise Agreement 2000, in particular clause 6 of that agreement.

PN20

I'll end the recommendation there. The Commission has elected to make that recommendation to give the parties an opportunity to consider and test an alternative for the current arrangements which although implemented in accordance with the agreement are obviously arrangements which give current employees some difficulty and in relation to which those employees are seeking change to be effected.

PN21

The Commission notes that the employees have continued to work as normal and have referred the matter to the Commission in accordance with the disputes procedure. The parties once in possession of that recommendation should meet and confer about whether or not it will be implemented and are at liberty to make such further application to the Commission as they see fit.

PN22

Do you understand that recommendation, Mr White?

PN23

MR WHITE: I certainly do.

PN24

THE COMMISSIONER: Mr Ellicott, given that you've been given leave on this occasion do you understand the recommendation?

PN25

MR ELLICOTT: Yes, Commissioner.

PN26

THE COMMISSIONER: All right, that being the case these proceedings are adjourned.

ADJOURNED INDEFINITELY [4.15pm]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs