C2001/2783, Transcript of Proceedings [2001] AIRCTrans 1206 (21 June 2001)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 7676

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOLMES

C2001/2783

COMMUNICATIONS, ELECTRICAL, ELECTRONIC,
ENERGY, INFORMATION, POSTAL, PLUMBING
AND ALLIED SERVICES UNION OF AUSTRALIA

and

INTERGRAPH BEST (VIC) PROPRIETARY LIMITED

Application under section 170LW of the Act
for settlement of a dispute re correct payment
and appropriate accreditation and training for
Victoria Police calltakers

MELBOURNE

4.00 PM, TUESDAY, 29 MAY 2001

PN1

MR J. ELLERY: I appear on behalf of the CEPU; appearing with me is MS P. WOODS. I also have MS K. WILSON with me today.

PN2

MR G. THIESSEN: I appear on behalf of Intergraph, and with me is MR M. LOWE.

PN3

THE COMMISSIONER: Thank you. We have spent some two hours in conciliation with a view to resolving this dispute between the two parties which relates to the classification of calltakers at the Vic Police Communication Centre with the union's position being that, given the nature of the work that they are required to perform, those calltakers are required to deal with three emergency services and, therefore, their proper classification is as calltaker at the advanced level, level 2. The company's position is that the requirements of the enterprise agreement in relation to clause 17.3 are not met and, as a consequence, the calltaker rate which I think is level 1 is what appropriate applies.

PN4

It is my view that, in light of those discussions, I am unable to resolve the matter by conciliation. I propose, therefore, to list the matter for determination pursuant to the dispute settling provisions of the enterprise agreement. It is, in fact, the application of that agreement which is in dispute between the parties. In so listing that matter, I propose to set it down for 9 am on Tuesday, 26 June.

PN5

In the interim, there are two directions that I would issue. One is that in accordance with the dispute settling procedure that the status quo remains; that is that there is no change, or no industrial action or change to operational arrangements from what currently exists: no industrial action by the employees or by the company.

PN6

The second is that it may well be that the - well, it is really the third. It may well be that the company objects to the Commission as presently constituted arbitrating this matter given that I have been involved in conciliation. Given that they have indicated that they wish to reserve that right, I direct that they advise this Commission by close of business on 8 June as to whether they do object to this Commission - to me determining the matter. If they do, I will arrange for the matter to be taken up with the panel head, Senior Deputy President Polites, with a view to the matter being assigned to someone else.

PN7

I would ask - no, I would suggest, I won't make it a direction. I would suggest that each party provide an outline of its submissions in relation to this matter, and no more than an outline - I am not seeking detailed submissions - an outline of their submissions, together with advice as to how many witnesses, if any, they propose to call. And that outline of submissions would indicate whether jurisdictional issues are to be raised as well as questions of merit and fact.

PN8

And I think - I don't know whether I have given a date for that, but I think it would be preferable if that is done by Tuesday, 19 June, which would enable either side in light of that advice to be in a position so that the proceedings on the 26th can progress efficiently. My intention is at this stage that, following opening submissions on the 26th, subject to whatever is raised in relation to the jurisdictional question, that there would be inspections in the afternoon commencing at 2 o'clock at the Victoria Police Communication Centre allowing an hour for that, and then inspections at Tally Ho Intergraph Centre commencing probably at 4 o'clock or thereabouts.

PN9

Should in the interim the parties either reach agreement in relation to this matter or come to agreement about arrangements for the way in which the proceedings are conducted which are different to what I have spelt out, and I am to be involved in the matter, then I would appreciate advice; and certainly I am prepared to be quite flexible in terms of meeting a process which the parties believe would enable the matter to be dealt with more effectively and efficiently.

PN10

So unless there are any concerns to be expressed or any views that either party wishes to put - Mr Ellery, is there anything you wish to put?

PN11

MR ELLERY: No, Commissioner, no.

PN12

THE COMMISSIONER: Mr Thiessen.

PN13

MR THIESSEN: No, Commissioner, thank you.

PN14

THE COMMISSIONER: Thank you.

PN15

MR ELLERY: Except just in terms of actually meeting with the other party - - -

PN16

THE COMMISSIONER: Yes.

PN17

MR ELLERY: - - - with Intergraph, that wasn't a direction, it was a - - -

PN18

THE COMMISSIONER: I direct that there be a meeting between the parties - - -

PN19

MR ELLERY: Sorry, I missed that.

PN20

THE COMMISSIONER: - - - by, I think I said 8 June. I don't know whether I mentioned a date, but anyway I direct that the parties meet to have further discussions in the hope that it is possible to resolve the matter. And obviously if it is, then the applicant will advise me if the matter has been resolved and the file will be closed.

PN21

MR ELLERY: Thanks, Commissioner.

PN22

THE COMMISSIONER: Otherwise at the commencement of proceedings on the 26th I will just have confirmed whether, in fact, what the outcome of those discussions were. Clearly if the meeting occurs before 8 June suggests that further meetings are going to - well, if progress is made, then I am flexible about either arranging a report back some time later which suggests that either I chair another conciliation or you have further meetings and the 26th gets put back to some other time. So I hope I have not confused you with all of that. As soon as the transcript is available, which hopefully will be some time tomorrow, I will fax it to both parties. This matter is adjourned.

ADJOURNED UNTIL TUESDAY, 26 JUNE 2001 [4.10pm]