C2001/3675, Transcript of Proceedings [2001] AIRCTrans 1804 (7 August 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 8434

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

C2001/3675

HEALTH SERVICES UNION OF AUSTRALIA

and

ST JOHN OF GOD SERVICES VICTORIA

Notification pursuant to section 99 of the Act
of an industrial dispute re unfair redundancy

MELBOURNE

9.03 AM, WEDNESDAY, 18 JULY 2001

Continued from 12.7.01

PN145

MR B. O'CONNOR: I appear on behalf of the HSUA.

PN146

THE COMMISSIONER: What is there to report; yes, Mr Medina.

PN147

MR O'CONNOR: Commissioner, as you directed us to meet, we met on Monday regarding the section 99 that we brought to the Commission last Wednesday in regards to an unfair redundancy. The parties met on Monday here and discussed some options to resolve the dispute. An offer was put to the union by St John of God Services that the redundancy proposal be withdrawn and - however, the restructure that we discussed regarding the community residential units across the service continue.

PN148

The position put forward as I understand it is that our members will not be required to be interviewed for their positions and will be redeployed in the current positions as team leaders. At this stage, Commissioner, our members have met and discussed the issue and at this stage may have some principal agreement with what is going on, however, need to discuss some finer details in order to resolve the dispute. So I ask that if it is possible we might need to discuss that today, it may take half an hour to an hour to try and nut this out, but I think that we might be able to resolve the dispute today if we can get some assurances from the employer regarding some other conditions around the change in restructure.

PN149

THE COMMISSIONER: Thank you, Mr O'Connor. Mr Medina, are you happy for me to lock the door and not let you out until you have reached agreement?

PN150

MR MEDINA: I think that would be appropriate, I don't think it would cause us any grief, Commissioner. As my friend, Mr O'Connor, has said an offer was made to the union which would not involve redundancies. At the time that offer was that, bearing in mind that the two team leaders who would be affected by the restructure had in fact applied for the advertised restructured position. St John of God was prepared to appoint one of those to the position and redeploy the unsuccessful person to a position which was vacant, although there was someone acting as a team leader in it.

PN151

That was the basis of the proposal we put to the union which would, of course, obviate the need for any redundancies. Now, I understand Mr O'Connor has variations, if you like, on that theme as to how the two team leaders might be redeployed and we are certainly prepared to sit down and talk about just how that might happen. We are certainly not wedded to the proposal that one should be appointed to the vacancy and another one redeployed if there is another way which would achieve essentially the same objective. If the Commission pleases.

PN152

THE COMMISSIONER: All right. Thank you, Mr Medina. What I will do I will simply adjourn the matter into conference and if I can assist you at all at any stage just tap on the door or let me know and I can join you in conference. Otherwise I will check on you in about half an hour whether you have reached furious agreement.

PN153

MR MEDINA: Commissioner, what is your availability?

PN154

THE COMMISSIONER: I am available this morning.

PN155

MR MEDINA: You are?

PN156

THE COMMISSIONER: Yes. Thank you. I will simply adjourn the matter into conference.

SHORT ADJOURNMENT [9.06am]

RESUMED [10.05am]

PN157

THE COMMISSIONER: Yes, Mr O'Connor.

PN158

MR O'CONNOR: Commissioner, it seems that after an hour of discussions we have come to a resolution to resolve this dispute and I would just like to be given the opportunity to go through the points we have discussed. My understanding is that the employer has agreed to withdraw the redundancy proposal that was put to you last week and we have agreed in principle with that on the following conditions, and I just wanted to outline what those are.

PN159

Firstly, that the interview process is to be cancelled; secondly, that the parties will meet after this time and the team leader position, the new team leader position over the two houses will be discussed including the provision for administrative hours, and also that should be developed within the next fortnight. That there shall be a review, if necessary, of all team leader positions and that also will be discussed. That the new team leader position that is over the two houses shall consist of a time period of four months and then shall be reviewed.

PN160

Fifthly, also that there shall be a consultative committee established between the employer and the union to discuss other matters that revolve around the notions of giving employees notice and consultation. Also there has been an agreement by the employer that in the foreseeable future, or for a period of 12 months, there shall be no reduction in team leader positions initiated by St John of God services. Also there is an agreement that staff to be employed in the two houses with the one team leader, that is the houses affected by the reduction in a position should have a minimum of a grade 2 level. These, Commissioner, are the staff who work with the team leaders.

PN161

Finally, also there is agreement that the acting team leader in one of the houses who will be - will have to move aside to solve the situation, that is Mr Paul Fraser, will have his salary maintained for a time to be discussed, a given time, that will be discussed and negotiated with the union. And also that he will receive priority in acting up positions in the future, and that also will be discussed in the team leaders review. They are the points that were discussed and we feel that if we can go ahead with those, we should have the dispute resolved. Thank you, Commissioner.

PN162

THE COMMISSIONER: Thank you, Mr O'Connor. Mr Medina.

PN163

MR MEDINA: If the Commission pleases. We have no quarrel with those conditions, in fact we agree with them. Perhaps the only thing I would say about no review of team leader positions in the foreseeable future, I guess that is contingent upon St John of God services not suffering some calamity in the interim, that they, for example, lose services that they already conduct. But so far as - - -

PN164

THE COMMISSIONER: Well, the word foreseeable means what you can foresee, if you can't foresee it - - -

PN165

MR MEDINA: I think I follow that. Yes, that is correct.

PN166

THE COMMISSIONER: All right, Mr Medina. That is good. I will have this transcript produced so that you can have access to the transcript. If there are any issues that arise in the implementation of your agreement where you think the Commission could be of some assistance, well come back and visit us, and we will see if we can help. Otherwise resolve the matter yourselves. Well done. The matter is adjourned.

ADJOURNED INDEFINITELY [10.10am]