C2001/4943, Transcript of Proceedings [2001] AIRCTrans 2828 (23 October 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 0549

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2001/4943

ALHMWU

and

RURAL AMBULANCE VICTORIA

Notification pursuant to section 99 of the Act
of a dispute re alleged failure to fill shifts

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

THURSDAY, 4 OCTOBER 2001

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [11.34am]

PN1

THE COMMISSIONER: Te Commission did indicate in earlier proceedings that it does appreciate that the matter before the parties is not a simple matter and is complex and the whole issue relating to the centres is in fact a complex issue and the staffing of those centres. However, the Commission did note that the industrial action that is in place has been in place since May of this year and the Commission has made its view known privately to both parties at the length in which the industrial action has been in place and secondly, that neither party has sought to bring this matter to the Commission earlier.

PN2

A five months period of industrial action is not acceptable in anybody's terms. The Commission was hopeful that the parties would be able to reach a compromise solution this morning, albeit an interim one, in order to allow firstly for the industrial action to cease and secondly for the parties to progress in an environment free from that industrial action to deal with the issue of a very complex matter relating to staffing and so forth. The Commission does appreciate the difficulty that the Ambulance Union are in in not having a mandate at this conference this morning and hearing to be able to put up - what to agree to a compromise as indicated albeit an interim measure one.

PN3

However, the Commission cannot allow the industrial action to occur any further and because there is no alternative the Commission would direct that Rural Ambulance Victoria implement their proposal as outlined by Ms Minogue a few minutes earlier. It will, however, allow a 24 hour time period before that interim measure is introduced to allow the union to contact its members to advise them of the outcome of this morning's hearing. And also to indicate to their members that it is not an option as to whether they accept the interim compromise position. It will be introduced but it is allowing the union time to explain that to their members.

PN4

The Commission would also direct that the industrial action that is in place cease immediately. Failure to cease the industrial action the Commission will re-convene if there is an application before it to do so to consider other provisions of the Act that may apply if Rural Ambulance Victoria seek to have those provisions applied. The Commission would also direct that once the industrial action ceases and the interim measure is in place the parties continue to meet as a matter of priority to try and address the long term issues relating to this particular difficulty.

PN5

The Commission reiterates an understanding that Ms Forbath has indicated that they have written to the Minister seeking a copy of the report. if the report is not forthcoming then the union is free to have the Commission use its offices to, if necessary, summons a copy of that report.

END OF EXTRACT