C2001/2654, Transcript of Proceedings [2001] AIRCTrans 3125 (15 November 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER CARGILL

C2001/2654

HORTICULTURAL INDUSTRY
(AWU) AWARD 2000

Application pursuant to section 113 of
the Act by the Australian Workers Union to
vary re casual employment clause

SYDNEY

3.30 PM, THURSDAY, 1 NOVEMBER 2001

Continued from 21.9.01

Adjourned sine die

PN104

THE COMMISSIONER: I don't know that there is any change in appearance. I think you are here with a few lesser people this time, Mr Beard, is that the case?

PN105

MR BEARD: Yes, Commissioner, I think that is the situation.

PN106

THE COMMISSIONER: I think on the previous occasion Mr Sherman had been here from the Australian Industry Group and he is not here today, but I presume it would be all right to go ahead in his absence. You are not aware, Mr Calver, whether he was intending to appear, are you?

PN107

MR CALVER: If it please the Commission, no, I have made contact with Christine Irwin from the Australian Industry Group but I don't believe it is their intention to have anybody at this hearing today. If it please the Commission.

PN108

THE COMMISSIONER: So we can just go ahead then. So, Mr Beard, if you would like to give me a report on what has happened since?

PN109

MR BEARD: I am happy to report back, Commissioner. The parties have had further exchanges of documents and in fact the AWU position was changed substantially, I believe, in that we withdrew our claim in regard to the seasonal employees and instead sought identical wording to the Metal Industry provision in regard to long-term casuals being able to elect to become full-time employees. We also extended the period of time for various instalments to raise the casual loading from 17½ per cent to 25.

PN110

Unfortunately, Commissioner, the union's position has been rejected outright by the employers and i believe at this stage that the conciliation process has gone as far as it can. I've been trying to contact the National Secretary of the union, Mr Bill Short, who is currently extremely busy. The purpose of consulting with the National secretary obviously is to advise him of the current position and also to ascertain future instructions. I only received a response from Mr Calver on Tuesday and the short period of time hasn't enabled those necessary discussions with the National Secretary to occur.

PN111

I've explained this to Mr Calver and stated that once I've had those discussions with Mr Short I'll advise him and the other respondents to the award, and also the Commission, of the union's future proceeding in this matter. It's unfortunate we've come to the end of the road as such. I thought we were going to be extremely close. However, it seems as though the time and the effort that the parties have put into trying to conciliate this matter have in fact been pointless.

PN112

However, the union does wish to thank the Commission for its help in trying to conciliate this matter - - -

PN113

THE COMMISSIONER: Well, I gather, Mr Beard, what you're saying is that you will send correspondence to Mr Calver and the other respondents and a copy to myself about what the union proposes to do, in other words, whether they intend to pursue the application and if so - subject to what Mr Calver has to say, obviously - the matter may need then o be re-listed for the purpose of what is to happen with it - - -

PN114

MR BEARD: That is correct, Commissioner.

PN115

THE COMMISSIONER: - - - rather than listing it for a further report-back.

PN116

MR BEARD: Yes, that's too short notice at this stage to be able to take it any further, unfortunately, Commissioner. That's the position.

PN117

THE COMMISSIONER: Right, thank you. Mr Calver, I wasn't trying to cut across what you were about to say about that.

PN118

MR CALVER: No, no, Commissioner, that's fine, that's fine. mr Beard did have discussions with me prior to the report-back today. As a result of those discussions we've agreed to the process that you've articulated, that the union will let us know how they intend to proceed by way of correspondence.

PN119

I have had some preliminary discussions with Mr Beard about my instructions. My instructions are that this matter should be sought to be declared a special case but, in the absence of a time-frame within which to make any submissions, Commissioner, what I would suggest is that when the union asks for the matter to be before the Commission again it be done as a mention and that we then put a program together for arguments in writing concerning a special case. It may well be that, in the absence of instructions now, Mr Beard is unable to answer the question whether or not the union is able to support such an application and he has indicated to me that that's the case.

PN120

So my instructions are, yes, that the settlement process can't proceed. There was a gap between that which the employers sought and that which the union sought, that became irreconcilable, and that this matter should be arbitrated. The time-frame for that is in the hands of the AWU. If it please the Commission.

PN121

THE COMMISSIONER: That you, Mr Calver. Mr Beard, there's nothing you want to add?

PN122

MR BEARD: Nothing further to add, Commissioner.

PN123

THE COMMISSIONER: Well, in that case what I'll do is that I'll just adjourn the matter generally and await your correspondence, Mr Beard. Then what I will do is arrange for my associate to contact the parties to find a mutually acceptable date for the matter to be listed for mention. Then I think it sounds reasonable then to set some sort of program in place for written submissions, if there is going to be an application, whether it's supported or otherwise by the union, for a special case.

PN124

So if there's nothing further the matter is just adjourned generally. Thank you.

ADJOURNED INDEFINITELY [3:36pm]