C2001/5601, Transcript of Proceedings [2001] AIRCTrans 3433 (10 December 2001)

AUSCRIPT PTY LTD
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TRANSCRIPT OF PROCEEDINGS


O/N 1423
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2001/5601

HEALTH SERVICES UNION
OF AUSTRALIA

and

AUSTIN & REPATRIATION
MEDICAL CENTRE

Notification pursuant to section 99 of the Act
of a dispute re filling of planned and unplanned
vacancies at the Royal Talbot Rehabilitation Centre

MELBOURNE

9.10 AM, FRIDAY, 23 NOVEMBER 2001

Continued from 2.11.01

PN61

THE COMMISSIONER: The Commission will assume there is no change in appearances in this matter. Mr Haynes, would you like to lead off?

PN62

MR HAYNES: Commissioner, yesterday afternoon I sent to Ms Soccio who is here in the Commission a letter regarding ongoing concerns that the union has of planned and unplanned vacancies at Royal Talbot Rehabilitation Centre and I also a copy of that letter to the Commissioner. Did the Commissioner receive a copy of that correspondence?

PN63

THE COMMISSIONER: I cannot recall seeing one. No, Mr Haynes.

PN64

MR HAYNES: I now tender a copy of that correspondence.

EXHIBIT #HSUA2 LETTER TO MS SOCCIO

PN65

MR HAYNES: Commissioner, on the last occasion we stressed that the issues faced by the union and its member at Royal Talbot did not appear to be an issue between the union and human resources at the Austin, or indeed with the policy of the Austin. The problem appeared to be at a local level and indeed, Commissioner, it is my intention to read HSUA2 into the transcript because it demonstrates that the problems identified on the last occasion do not appear to have been taken seriously by local management at the Royal Talbot campus.

PN66

I wrote to Mr Soccio and said:

PN67

When we spoke on the phone yesterday you advised that you had investigated my claim that planned and ...(reads)... 15 November.

PN68

And going to that first attachment, Commissioner, there is the date in the first column indicates the date of the vacant shift and that is not only past shifts, Commissioner, it is also shifts that are scheduled to be undertaken tomorrow and on Sunday indicates the permanent staff member whose absence has created the vacancy, the reason for their absence and that you can see, Commissioner, is a mixture of planned and unplanned absences, the left of the shift concerned and in the previous proceedings, Commissioner, we went to the issue of ensuring that part timers who ordinarily work a four hour shift be given the opportunity to work a longer shift if such a shift becomes available.

PN69

Then finally, Commissioner, on the last column the column shows whether the person - or shows that the person in each instance was either a casual person or an agency person who was brought on and in none of those instances was a part time person given the opportunity to take up any of those shifts. Returning to the letter, Commissioner, I have also attached a copy of an e-mail that Andrew Lock sent to nurse unit managers the day after we met with him on this matter. The three people he suggest to fill vacancies are casual staff.

PN70

On the day he sent the e-mail he had been working directly with some of the part time staff who would have been offered the extra work in question. They were not offered.

PN71

On the face of it this appears to show a flagrant, deliberate and calculated disregard for processes we have ....(reads)... planned and unplanned vacancies occurred.

PN72

And that is the end of the letter, Commissioner. This letter was sent to Ms Soccio towards the middle/latter part of yesterday afternoon and I have not had the opportunity to discuss the contents of the letter with her, nor have I received a reply from her to date. But in view of the time I don't say anything in particular. I don't say anything about that. If the Commission pleases.

PN73

THE COMMISSIONER: Thank you. Yes, Mr Richardson - or Ms Soccio, sorry.

PN74

MS SOCCIO: If the Commission pleases. Commissioner, yes, we did receive the letter yesterday and I might refer to Mr Haynes letter in the first instance. The issues raised by the HSUA we believe have been tackled, however he has obviously outlined in his letter that we haven't dealt with those particular issues but I would like to go through some of those points. He mentions in the letter that Talbot uses casual and agency staff. I am led to believe that there is no usage or utilisation of agency staff and that is clearly marked or that is pretty clear from the third page or the fourth page of Mr Haynes document that we seem to be using casual staff and not agency.

PN75

So for the record I would like to make that clear to the HSUA that we are not using agency staff but we are using casual. Yes, I did ask Mr Haynes in relation to individual instances to make those aware to me but as he correctly pointed out I only received the document yesterday and it was virtually impossible to act on those particular instances and to correct any anomalies. In relation to Mr Lock, yes, he has been part of discussions and he is well aware of the issues. Currently he is on annual leave so I cannot approach him but I can certainly approach somebody within management.

PN76

In relation to a response from Mr Haynes letter we did reply and I replied yesterday and I would like to tender this document to the Commission.

EXHIBIT #AUSTIN1 LETTER FROM MS SOCCIO

PN77

MS SOCCIO: Commissioner, basically the letter does outline a proposal to move forward in this matter and it deals with, in the first instance, planned leave absences. That could easily be back filled with permanent part time staff, obviously with advance notice. Well, we can obviously do that. In terms of unplanned leave such as sick leave the situation may be just a little bit tricky however we do have what we call an availability list and we can refer to that in the first instance and allocate shifts to permanent part time staff.

PN78

Bearing in mind also that we need to maintain a casual pool. So if we introduce the availability list and maintain our casual pool I think this might satisfy the HSUA and also the HSUA asked us to include this proposal if you like to distribute to the nurse unit managers so they are clear about the process or the proposal. If the Commission pleases, I have nothing further.

PN79

THE COMMISSIONER: Thank you. Mr Haynes.

PN80

MR HAYNES: Commissioner, I thank Ms Soccio for her correspondence. No doubt I will find it sitting on the fax machine or otherwise undistributed at the union office when I return. The union has particular concern about ensuring that policies which are accepted between the parties are understood at a local level and I note Ms Soccio's assurance that a notice will be distributed to nurse unit managers advising them of the undertaking contained in her letter of yesterday's date.

PN81

In relation to Royal Talbot an availability list is already in existence. Staff have in August of this year completed availability forms. This followed on from discussions back then about concerns about this very issue. That availability list has been available to the nurse unit managers at Royal Talbot. In many instances the management concerned has been working directly with the PSAs who should be offered the part time shifts. So while I note Ms Soccio's assurances the problem has been very much at a local level and we had a situation where a particular manager was asked to be involved in a process.

PN82

He was involved in a process. The policy of the hospital was clear. The position of the union was clear. The availability lists were there and yet still nothing seemed to happen about this matter. So I make that simply by way of comment, Commissioner, and hope that we can now move forward with the Austin in terms of ensuring that the heads of agreement is in fact properly implemented in relation to the replacement of staff by permanent part timers in preference to casuals or agency staff. If the Commission pleases.

PN83

THE COMMISSIONER: I understand that Mr Lock apparently is on annual leave according to Ms Soccio. Given that the HSUA are the notifier where do you wish to take it? Do you wish to, I suppose, to take it as suck and see approach?

PN84

MR HAYNES: Well, Commissioner, the previous matter was listed for report back and possible conference on 3 December. I think it may be appropriate if this matter is also listed for report back because there will be plenty of vacant shifts at Royal Talbot between now and then and the parties will be able to report on whether in fact those vacant shifts were given to the part timers.

PN85

THE COMMISSIONER: The part timers or casuals.

PN86

MR HAYNES: And the particular issue of concern is ensuring that where there are longer shifts available, and this was discussed in some detail in the previous proceedings, that the person who is working a four hour shift is given the opportunity to work a seven and a half or the eight hours shifts as they become available.

PN87

THE COMMISSIONER: And you say there is an availability roster there anyway?

PN88

MR HAYNES: There is an availability list which has been in place since August of this year.

PN89

THE COMMISSIONER: And so those names that are on it would expect to get a priority call?

PN90

MR HAYNES: That is right, Commissioner.

PN91

THE COMMISSIONER: But if their name is not on it then they cannot expect to get anything?

PN92

MR HAYNES: That is right, yes. I am advised, Commissioner, that the availability list is quite detailed in its content. It is not only about times in which people are available but also about whether they are available for the longer shifts and so on.

PN93

THE COMMISSIONER: Okay.

PN94

MR HAYNES: So that should provide ample basis for the Austin to overcome the logistics issues which are alluded in Ms Soccio's letter. Commissioner, I am further advised that planned vacancies have in fact been filled using persons other than the part time staff up to 30 December.

PN95

THE COMMISSIONER: Already in place?

PN96

MR HAYNES: Yes, and that is alluded to, Commissioner, in the e-mail that is attached to what is my letter in HSUA2.

PN97

THE COMMISSIONER: Right.

PN98

MR HAYNES: Where Mr Lock says nearly complete until 30/12.

PN99

THE COMMISSIONER: Well, maybe over the next couple of days, I am not expecting Ms Soccio to work the weekend, but over the next couple of days maybe that could be looked at to see whether or not there is a roster in place that says the casuals are rostered in the fill plan vacancies up until December, the end of December. Do you have any problems with a report back next week, the same time as the previous matters?

PN100

MS SOCCIO: No, Commissioner.

PN101

THE COMMISSIONER: Okay. That way I think it is not a bad suggestion because it does give a week in which the parties can look at what is happening on a regular basis. All right. Well, we will list this matter for the same time to see what progress is made. So that is at 1.30 on the 3rd. All right. Mr Haynes.

PN102

MR HAYNES: Commissioner, I wonder if we might have a few minutes of your time following the conclusion of this matter to discuss another outstanding matter that I think would profit from your input?

PN103

THE COMMISSIONER: Does Ms Soccio about that?

PN104

MS SOCCIO: No, I don't.

PN105

MR HAYNES: Does not but it concerns, Commissioner, the nature of the records which are necessary - the return to work certificates.

PN106

THE COMMISSIONER: Okay. You want me to go down there?

PN107

MR HAYNES: Wherever you feel comfortable.

PN108

THE COMMISSIONER: Okay, all right. The Commission in this matter will stand adjourned till 1.30 pm, Friday, 30 November. Thank you.

ADJOURNED UNTIL FRIDAY, 3 DECEMBER 2001 [9.28am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #HSUA2 LETTER TO MS SOCCIO PN65
EXHIBIT #AUSTIN1 LETTER FROM MS SOCCIO PN77