C2001/3313, Transcript of Proceedings [2001] AIRCTrans 2721 (10 October 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LARKIN

C2001/3313

STATE RAIL AUTHORITY OF
NEW SOUTH WALES

and

ARTBIU

Notification pursuant to section 99
of the Act of a dispute re introduction
and use of screen based VDU equipment

SYDNEY

10.35 AM, MONDAY, 24 SEPTEMBER 2001

PN1

THE COMMISSIONER: Could I take appearances, please?

PN2

MR G. HATCHER: May it please the Commission, I seek leave to appear for the SRA.

PN3

MR M. LEWOCKI: I appear on behalf of the Rail Tram and Bus Union. Appearing with me is MR G. FOZZARD.

PN4

THE COMMISSIONER: Thank you, Mr Lewocki. Do you have a position on Mr Hatcher's application?

PN5

MR LEWOCKI: We have no objection.

PN6

THE COMMISSIONER: Leave is granted, Mr Hatcher. You have Mr Dwyer and Mr Savage with you as well?

PN7

MR HATCHER: I do, Commissioner.

PN8

THE COMMISSIONER: Yes, thank you.

PN9

MR HATCHER: The Commission is reasonably familiar with the background to this dispute now having conducted two days of inspections in relation to the matter. The Commission will recall that on the second day of those inspections last Thursday at Sydenham, I moved the Commission to adjourn the further hearing of the matter on the basis that there were to be some further discussions between the parties with a view to resolving the matter.

PN10

I'm pleased to report to the Commission that those discussions were successful and the parties have reached an accommodation. Could I hand up a copy of a memorandum of agreement which has been executed by both parties and which heralds the at least temporary resolution of this matter as between the parties?

PN11

THE COMMISSIONER: We will mark the memorandum as SRA1.

EXHIBIT #SRA1 COPY OF MEMORANDUM OF AGREEMENT

PN12

MR HATCHER: Thank you, Commissioner. Now, if it please, Commissioner, I say temporary, not out of any criticism of the parties and their attempts to resolve it, but temporary in the sense that as the Commissioner said in the inspections, there is an evolutionary process going on in relation to implementation of screen based equipment in the signalling operations, and this proposed policy seeks to deal with that evolutionary development so that it doesn't foreclose changes in the future; it proposes a means whereby the parties can continue to monitor the situation and develop appropriate policies as the new equipment comes to be implemented.

PN13

Commissioner, I have been asked to clarify one matter in relation to the agreement as executed, and that appears - perhaps I should probably start from the last dash point under paragraph (d) on the first page:

PN14

On commissioning of the Wardell Roadatrics Work Station an additional area controller will be provided to operate the Campsie/Bankstown panel on weekdays from 0600 to 2200 hours. The Wardell Road Area controller will responsible for the operation of the Campsie/Bankstown panel on weekends and between 2200 hours and 0600 hours on week days.

PN15

Then the next dash point, Commissioner, says:

PN16

Should the operation of a special train notice on weekends significantly increase the work load on the Campsie/Bankstown panel, an additional area controller grade 3 will be provided on the effected shifts.

PN17

It's agreed, Commissioner, that that isn't restricted just to weekends but to any of the shifts dealt with in the previous paragraph, that is, back shifts on week days.

PN18

If it please the Commission, I commend the agreement to the Commission and invite the Commission to perhaps stand these proceedings over generally with liberty to approach in accordance with the procedures envisaged by the parties.

PN19

THE COMMISSIONER: Yes. Mr Hatcher, there's no requirement for a full variation of the agreement at all. I take it that the parties position is that the memorandum shall stay on the file, and, of course, we will order transcript from these proceedings as well to stay on the file. I take it that as screen based equipment is implemented, then issues may arise and the file would be called back on again?

PN20

MR HATCHER: Yes, Commissioner, in fact, if the Commissioner has regard to the further agreement of the parties and the numbered paragraphs 1 and 2 at the end of the document, that is exactly the process that is envisaged.

PN21

THE COMMISSIONER: Yes, thank you, Mr Hatcher. Mr Lewocki?

PN22

MR LEWOCKI: Thank you. Commissioner, the purpose of coming to agreement with the employer with this document is that we face a difficulty in finalising screen based equipment. It became evident to us with the consultant we used, also because we don't yet have the technology operating right across the system nor do we have a signal box we could walk in and say, well, this is all of the new equipment that operate, you know, signal boxes, and on that basis we thought that the more sensible approach would be to look at the recommendations made in the review of signal boxes and prepare a document that provides guidelines to get us over the immediate problem and allow the expansion of a roll-out of the new technology into signal boxes, and then allow us, under actual operating conditions, to again revisit the question of a screen based policy, rest breaks, etcetera.

PN23

We expressed some concerns through the negotiations about the ability of management to be able to adhere to this agreement because of the shortage of area controllers and the need to work excessive shifts or overtime or if people are off sick. We were assured that rostering can accommodate that and additional area controllers can be provided on those shifts to provide both the assistance and the relief.

PN24

We are also mindful, Commissioner, that the introduction of new technology is something that will continue in signal boxes like Broadmeadow, which I understand the Commission visited. A new facility will be built up there and it's targeted to be completed by the end of March, There are ongoing negotiations about the scope and the type of technology that will be located in that new facility, so this document really is a document that provides guidelines to get us over the immediate problem. It ensures that bans that were threatened or in place at Sydenham will now not go ahead and will allow the full commissioning of this technology, will allow the introduction of the new timetable later this year, and also the introduction of the quadrification on the East Hills line.

PN25

The one thing our members have said very clearly to the employer is that, as it says at the beginning, that these guidelines will be subject to ongoing review. That means that if they propose to roll out, for example, VDU type technology at Strathfield or Hornsby or Liverpool, well, then, these guidelines will apply to those locations the same as they would at Sydenham until such times as screen based policy is developed. The employer and the management support that position and that's why this document is currently before the Commission. I believe it does. It's a working document that allows us to get on with the job, ensures that the concern that the employer had about the new timetable later this year or early next year can go ahead, and provides relief to my members that the union and our delegates and our members can sit down with the employer and look at proper screen based policy when we have this type of equipment operating in a number of signal boxes and we say, well, we actually know what we're reviewing.

PN26

So we support the submissions made by Mr Hatcher and understand clearly that we would be required to provide the undertakings on the second page that we adhere to these procedures. Our members understand that. I've asked my members at Sydenham to have a meeting and authorise me to sign this document and we would be seeking the assistance of the Commission should we encounter difficulties or problems in the implementation of this agreement or management failing to abide or, plainly if they can't abide, the agreement to provide the appropriate relief or assistance because of staff shortages or qualified staff.

PN27

THE COMMISSIONER: Mr Lewocki, your members do realise that if an issue arises that it is open to them through their union to seek the relisting of this file prior to contemplating any bans or any form of industrial action at all?

PN28

MR LEWOCKI: I'm very aware why the State Rail Authority has listed this matter before the Commission. I'm very aware of the requirement both from an operational sense and a political sense in regards to the introduction of a new timetable, and I've relayed that to my members at Sydenham. We've had delegates from Sydenham involved in the negotiations with management. Those delegates have gone back to the signal box, held meetings on site indicating that it is a two-way street, that both the employer or the union can seek the assistance of the Commission if we strike any problems with this agreement, so there is a clear understanding that there is a process in place to avoid bans or industrial action taking place that come before this Commission to try and resolve that.

PN29

THE COMMISSIONER: And of course, you will always receive a very speedy listing, Mr Lewocki, if issues do arise.

PN30

MR LEWOCKI: Thank you, Commissioner, I appreciate that.

PN31

THE COMMISSIONER: Thank you. Thank you, Mr Lewocki, and of course, Mr Hatcher, that applies to State Rail, as well they know. Is there anything further you would seek to put on the record at all? No. Well, as I said, I will order transcript, the file will be kept open, and within a period of 12 months, if there is nothing active, then we'll close the file. The parties will need to advise us if they seek it be left open after that period. I congratulate you on seeking and implementing a resolution at this stage, and it didn't surprise me, I was quite comfortable that you would resolve your issues.

PN32

If there is nothing further, gentlemen, I thank you very much and thank you for the time taken on the inspections, and also, Mr Lewocki, the assistance that your members gave me on the site when I was visiting the particular centres on Monday and Tuesday of last week, I think, so you might relay that to them, they're always of assistance when I have inspections. The Commission is adjourned. Thank you.

ADJOURNED INDEFINITELY [10.40am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #SRA1 COPY OF MEMORANDUM OF AGREEMENT PN12