C2001/1267, Transcript of Proceedings [2001] AIRCTrans 716 (2 May 2001)

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TRANSCRIPT OF PROCEEDINGS


O/N 6811

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

C2001/1267

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE,
CLERICAL AND SERVICES UNION

and

QANTAS AIRWAYS LIMITED

Notification pursuant to Section 99 of the Act
of a dispute re allocation of a day in lieu of a
public holiday to part-time shift workers

MELBOURNE

10.36 AM, MONDAY, 9 APRIL 2001

PN1

MS H. SVENDSEN: I appear on behalf of the Australian Services Union.

PN2

MR J. McKENZIE: I appear on behalf of Qantas Airways Limited, together with Mr G. SPIKER and MS M. McKECHNIE from the company.

PN3

THE COMMISSIONER: Yes, Ms Svendsen?

PN4

MS SVENDSEN: If the Commission pleases, this matter relates to the interpretation of award clause 29.6 of the Qantas Airways Award, which refers to shift workers being entitled to days off in lieu when they are rostered off on a public holiday. There appears to be some difference in opinion between the parties as to the interpretation of that clause, and whether a certain set of workers at Melbourne Airport are entitled to that day off in lieu or not.

PN5

I understand that perhaps some progress may be made in conference of this matter, so it may be worthwhile, save to say any comments that Mr McKenzie may have, to move into conference before we go any further on the record, and if needs be we can go back on the record and proceed with the matter. If the Commission pleases.

PN6

THE COMMISSIONER: Thank you. Mr McKenzie?

PN7

MR McKENZIE: Commissioner, just a couple of things if I may. This is, as Ms Svendsen has indicated, an award interpretation issue. It deals with entitlements for employees that are rostered on fixed shifts either on Tuesday to Saturday or on Monday to Friday at the airport. There are some, as I understand, five or six employees out of customer service staff of 400 that are rostered on those fixed shifts. The issue goes to the claim for an entitlement to a day in lieu when a public holidays falls on the day which the employee is not rostered on. That is essentially the issue.

PN8

The parties differ in relation to the interpretation of the award, I think it is fair to say. I might just provide briefly some background. This issue was raised by the ASU early in 2000. There was a conference that I can recall having with Ms Ingrid Stitt from the ASU early last year, and our response was given to her on 15 March. Now, the notification was now sent to the Commission on 5 March 2001. I understand that that was just prior to when Ms Stitt proceeded on maternity leave. Now Ms Svendsen is now running with the matter. But having said that, I am prepared to deal with this matter further in conference to see if there is any resolution to it.

PN9

THE COMMISSIONER: Yes, okay. Yes, we will adjourn into conference.

NO FURTHER PROCEEDINGS RECORDED