C2001/3490, Transcript of Proceedings [2001] AIRCTrans 3007 (8 November 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

C2001/3490

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

and

AUSTRALIAN BUREAU OF STATISTICS

Notification pursuant to section 99 of
the Act of a dispute re alleged failure
of the respondent to deal with absence
from work of certain CPSU members employed
in the National Centre for Aboriginal and
Torres Strait Islander Statistics. Action
in accordance with clause 260(b) of the
agreement

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

SYDNEY

3.37 PM, TUESDAY, 23 OCTOBER 2001

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

PN1

THE SENIOR DEPUTY PRESIDENT: This dispute of which quite properly only broad details have been given to the Commission at this stage has been the subject of a conference this afternoon.

PN2

The matter is one of some sensitivity. The parties are agreed that the issue of whether or not section 187AA of the Workplace Relations Act is relevant which is to be determined by whether or not the action of certain members of the CPSU in walking off the job last week comes within the exclusion from the definition of industrial action created by section 4(1)(g) of the Act will be determined by the Commission at a hearing which will be arranged in the next sittings of the Commission in Darwin. For the benefit of officers who may read this recommendation I note that section 187AA prohibits payments to an employee for a period in which the employee is engaged in industrial action.

PN3

On the matters on which the parties are not agreed the Commission makes the following recommendation. It is made without prejudice to the positions of both parties.

PN4

1) That there be an immediate resumption of work subject to those who are on sick leave, having the option of taking such leave as is covered by current medical certificates or resuming early. No import should be attached to a decision either way.

PN5

2) That an interim arrangement be in place for work involving contact with the officer concerned in the dispute whereby all contact will be in writing, including email, provided that where the need arises for direct contract by the officer with one or more of the four assistant directors that need be considered firstly by the regional director as to its necessity. If she is convinced of that then the meeting of the officer and relevant assistant directors be in the presence of another officer of the Darwin Bureau of their own choosing.

PN6

3) That when the review referred to in proceedings this afternoon is released the CPSU and the Bureau enter discussion consistent with the current certified agreement on issues arising from the review, then issue which have arisen earlier. Those discussions to be carried out in accord with the dispute resolution procedure although it is recognised that discussions have reached the highest level in the territory and should continue at that level.

PN7

4) While these discussions are taking place work is to continue under the terms of the certified agreement and the interim arrangement as varied by this recommendation. There is liberty to apply, the matter is adjourned generally.

PN8

The Commission is adjourned sine die.

END OF EXTRACT [3.41pm]