C2002/962, Transcript of Proceedings [2002] AIRCTrans 1004 (27 March 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT02981

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2002/962

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE,
CLERICAL AND SERVICES UNION

and

MAYNE GROUP LIMITED

Notification pursuant to section 99 of the Act
of a dispute re the alleged removal of a job
offer to ASU member

MELBOURNE

1.59 PM, WEDNESDAY, 13 MARCH 2002

PN1

MR R. BEALES: I appear on behalf of the ASU and with me is the applicant, MS S. PICKERING.

PN2

MR B. IRONMONGER: I appear on behalf of Mayne Group Limited trading as Logistic Express and with me is MR STORY, MR LUCAS and MR BUDAK.

PN3

THE COMMISSIONER: Yes, Mr Beales.

PN4

MR BEALES: Thank you, Commissioner. Commissioner, this is an application pursuant to section 99 of the Workplace Relations Act 1996. Commissioner, the matter in dispute relates to the withdrawal of a formal job offer made by Mayne Group Limited to the applicant on 18 May 2001. Commissioner, I am happy to tender a copy of that letter, if it pleases the Commission.

EXHIBIT #A1 JOB OFFER MADE BY MAYNE GROUP LIMITED TO THE APPLICANT, DATED 18/05/2001

PN5

MR BEALES: Commissioner, the applicant has been employed by Mayne Group for approximately five and a half years and prior to the formal job offer, the matter in dispute, the applicant undertook a project role with the employer to facilitate a new IT system roll out. Commissioner, the aptitude displayed by the applicant certainly warranted recognition of her performance and this is evidenced by the fact that a formal job offer was made.

PN6

Commissioner, the employer and the applicant undertook a series of discussions in an attempt to finalise the start date for the new role. Those discussions were inclusive of remuneration matters. Commissioner, I note that despite the performance of the applicant on the project team and for some 18 months prior she still to date has not received any adjustment to her salary. Commissioner, the employer will claim that the applicant refused the role by virtue of the salary offered.

PN7

Commissioner, in fact there was no formal figure offered by the employer, either in the correspondence dated 18 May 2001 which the Commission has a copy, or in subsequent discussions. Rather, the employer left it to the applicant to come up a figure that she felt would be appropriate for the role. The applicant advised the employer that she would be satisfied with a salary in excess of $37,000 to which the employer has refused.

PN8

Commissioner, I note that pursuant to grade 6 of the Clerks Road Transport Industry Award 1992 the rate at grade 6 is $3271 which is far less than those paid in the call centre of the employer currently, Commissioner. I am advised that the employer sought a salary of $35,000 only, albeit that this was not a formal offer. Commissioner, the current salary that the applicant is on is 34,000.

PN9

Commissioner, despite attempts to resolve this matter the parties were unable or indeed willing to reach a compromise position of which we put a counter position back to the employer rather than accept the job offer role that there be adjustment in the applicant's salary and that was subsequently rejected by the employer. Commissioner, we are seeking to resolve this matter today and on that basis we would seek to move into conference. If the Commission has no questions that would be our intention. If it please the Commission.

PN10

THE COMMISSIONER: Thank you. Mr Ironmonger.

PN11

MR IRONMONGER: Thank you, Commissioner. I am not too sure what the ASU want to achieve today in this matter.

PN12

THE COMMISSIONER: Is there anything you want to put on transcript?

PN13

MR IRONMONGER: Not at this point in time, Commissioner.

PN14

THE COMMISSIONER: The Commission is adjourned into conference.

NO FURTHER PROCEEDINGS RECORDED

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 JOB OFFER MADE BY MAYNE GROUP LIMITED TO THE APPLICANT, DATED 18/05/2001 PN5