C2001/467, Transcript of Proceedings [2001] AIRCTrans 655 (18 April 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 6676

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

C2001/467

AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION

and

NESTLE DAIRY FOODS

Notification pursuant to section 99 of the
Act of an industrial dispute re employer's
failure to reach agreement in accordance
with settlement of disputes procedure

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

TUESDAY, 3 APRIL 2001

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

PN1

THE SENIOR DEPUTY PRESIDENT: This matter has come back before me as a result of suggestions that I made during a conference on the last occasion not being implemented, either through misunderstandings by the parties as to the detail of those suggestions or for some other reason or reasons. I have now had the opportunity of having further discussions with the parties. It is apparent to me that the issue of training may well have now brought about a substantial breakdown in trust and confidence as between the employees and the employer and that a significant effort is needed on both sides if an appropriate level of trust is to be obtained and maintained.

PN2

Material that has been obtained by the union from the company and its members raise the need for a clear and unequivocal explanation to be given by the company in relation to what would appear to be some inconsistencies. The company, of course, cannot be expected to provide such an explanation unless it is given details of these alleged inconsistencies.

PN3

I would suggest: (1) that the company immediately provide the union with a copy of the training plan proposed for the forthcoming 12 months; (2) that the company meet with the union to discuss any problems the union perceives with that plan; and (3) that the union immediately identified to the company in detail specific problems that it perceives has arisen in relation to the implementation of previous training plans, in particular any inconsistencies in the records of or provided by the employer.

PN4

I recognise that part of the problem that has arisen between the parties stems from differing interpretations as to the application of agreements and the scope of the current certified agreement. I reiterate what I have said to the parties individually that I would be prepared, if the parties agree, to make a recommendation after hearing submissions as to the scope of the certified agreement insofar as it concerns training issues. I would, however, only be prepared to do so if the parties were to agree to abide by my recommendations in that respect.

PN5

In the circumstances, I see no other alternative at this stage other than to adjourn this matter to a date to be fixed and be relisted upon application of either of the parties. The matter is adjourned.

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