C2001/4438, Transcript of Proceedings [2001] AIRCTrans 2432 (21 September 2001)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 0045

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOLMES

C2001/4438

TRANSPORT WORKERS' UNION OF
AUSTRALIA

and

BARRO GROUP PTY LIMITED

Notification pursuant to section 99 of the
Act of a dispute re new enterprise agreement

MELBOURNE

12.04 PM, MONDAY, 3 SEPTEMBER 2001

PN1

MR H. SMITH: I appear for the Transport Workers' Union of Australia. With me is MR M. FAWKNER and four of the yard representatives.

PN2

MR J. HOY: I appear for the Australian Industry Group, representing the Barro Group of companies. With me I have MR K. DUNHAM.

PN3

THE COMMISSIONER: Thank you. The matters in dispute have been the subject of discussions before me in conference this morning and as a result of those discussions I place on the record the following recommendations. I strongly recommend that the TWU and the Barro Group agree to the following:

PN4

(1) that there be a roll-over of the current enterprise agreement with a four per cent increase from 1 August 2001 and a further four per cent increase from 1 August 2002;

PN5

(2) that there be further discussions between the parties in relation to means to reduce the incidence of sick leave;

PN6

(3) there also be further discussions in relation to RDO arrangements applicable on a plant by plant basis;

PN7

(4) I would observe that the Workplace Relations Act 1996 has recently been amended to provide for a minimum probationary period of three months. A longer period may be reached by agreement prior to the commence of employment, provided that period is considered reasonable. Whether it is reasonable or not is ultimately determined by this Commission or by the appropriate court;

PN8

(5) that delegates who attend today's conference before the Commission receive their ordinary pay;

PN9

(6) employees who participate in the report-back meeting this afternoon received ordinary days pay, provided there is no industrial action flowing from that meeting, and

PN10

(7) it is noted that the TWU has indicated its proposal to seek a re-listing of the meeting previously dealt with by Senior Deputy President Harrison, which was concerned with the transfer of employees as between depots.

PN11

Mr Smith, can you express a view about those recommendations?

PN12

MR SMITH: I confirm that that is what has been agreed to as a result of - or statements to be made by you in that recommendation, as a result of this morning's conference.

PN13

THE COMMISSIONER: And those recommendations will be put to the meeting?

PN14

MR SMITH: And those recommendations will be put to the meeting and strongly supported by the Union.

PN15

THE COMMISSIONER: Thank you, Mr Smith. Yes, Mr Hoy.

PN16

MR HOY: The Company is prepared to accept those recommendations, Commissioner.

PN17

THE COMMISSIONER: Thank you, Mr Hoy. I will seek the assistance of Auscript in terms of an urgent preparation of the transcript, and I appreciate the pressure that is placed on Auscript in that regard. I will also seek to have typed up, as a precautionary measure, a copy of the recommendations. It certainly won't reflect all of the words that I have said, but certainly the intent. And I will arrange for that to be faxed to both parties once it is typed. So we will adjourn and I will just get the appropriate fax numbers. This matter is adjourned.

ADJOURNED INDEFINITELY [12.09pm]