C2002/1733, Transcript of Proceedings [2002] AIRCTrans 1660 (15 May 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 VT03727

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HINGLEY

C2002/1733

THE AUSTRALIAN WORKERS UNION

and

FOSTER PLASTICS INDUSTRIES PTY LTD

Notification pursuant to section 99
of the Act of a dispute re alleged non
payment of superannuation contributions
for employees taking annual leave

MELBOURNE

10.14 AM, WEDNESDAY, 1 MAY 2002

PN1

MR M. BOROWICK: I appear for the Australian Workers Union.

PN2

MR B. DRAPER: I appear on behalf of Foster Plastics Industries Pty Ltd with MS G. ERATLI.

PN3

THE COMMISSIONER: Thank you. I just note on the record that we did have the benefit of a conference prior to these proceedings. Mr Borowick, do you want to address me following that conference?

PN4

MR BOROWICK: Yes, thank you, Commissioner. We received a copy of a letter sent to you by Foster Plastics Industries Pty Ltd dated 10 April 2002 conceding that there had been some difficulties with the superannuation contributions. I wonder if it is appropriate for the Commission to mark that?

PN5

THE COMMISSIONER: Yes.

EXHIBIT #AWU1 LETTER TO THE COMMISSION FROM FOSTER PLASTICS INDUSTRIES PTY LTD DATED 10.4.2002

PN6

MR BOROWICK: Commissioner, the correspondence, as I said, does reveal that there were some problems with the payment of superannuation contributions. It doesn't reveal which employees were affected, whether the errors have been rectified for both current and former employees, what were the nature of the errors and what steps have been taken to ensure that the errors are prevented from occurring in the future. Whilst the union is satisfied with the company's explanation provided in conference we are all in agreement that there would be some benefit in having it recorded on the record. If the Commission pleases.

PN7

THE COMMISSIONER: Thank you. Mr Draper?

PN8

MR DRAPER: Mr Commissioner, on Monday 8 April following the Easter break one of the operators approached the payroll clerk with a payroll advice without an entry for superannuation contributions. The matter was referred to the administration manager, who was actually absent from work on that day through illness, who investigated the data base archives and discovered that there was an error in the computer program. Payment for the four days of leave had been processed separately from the main payroll and the particular data base used did not pick up the superannuation contributions.

PN9

The archive data files were reviewed to see if this mistake had occurred previously. The date base was found to have an error dating from January 2000 when adjustments had been made to the program including arrangements for the year 2000. Entitlements were re-calculated manually back to that date based on an employee's department and shift. The administration manager personally advised day and afternoon shift employees and the leading hands for the night shift of the errors. A notice was also placed on the plant notice boards on Wednesday 10 April and I tender - - -

PN10

THE COMMISSIONER: You have actually provided me with a copy of that Mr Draper and I will mark that.

EXHIBIT #FPI1 FACTORY WAGES EMPLOYEES' NOTICE

PN11

MR DRAPER: Additional payments due were credited to the employees' Australian Retirement Fund Superannuation account on 10 April. Notification slips showing the additional amount due were given to each employee on Thursday 11 April. And I also tender as an exhibit a copy of that notification slip which you should have a copy of.

PN12

THE COMMISSIONER: Yes, I have.

EXHIBIT #FPI2 COPY NOTIFICATION SLIP

PN13

MR DRAPER: Payments for past employees have been calculated where retirement fund numbers are held on the current archive data base. The Australian Retirement Fund is to provide retirement fund numbers for some past employees who left during the year 2000. And as discussed in conference that is approximately seven employees - past employees where the Australian Retirement Fund numbers have to be provided before we can credit the money to their account.

PN14

THE COMMISSIONER: Yes. Thank you for that, Mr Draper. I understand that it was said in the conference that when all of those members are followed through and all the corrections made contact will be made with the AMWU to confirm that that has been done.

PN15

MR DRAPER: AWU.

PN16

THE COMMISSIONER: Sorry, AWU, yes, all right. Well, thank you, Mr Borowick and Mr Draper and thank you, Ms Eratli for attending today. I am glad that it has had the outcome that it has. We will adjourn the matter.

ADJOURNED INDEFINITELY [10.19am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #AWU1 LETTER TO THE COMMISSION FROM FOSTER PLASTICS INDUSTRIES PTY LTD DATED 10.4.2002 PN6
EXHIBIT #FPI1 FACTORY WAGES EMPLOYEES' NOTICE PN11
EXHIBIT #FPI2 COPY NOTIFICATION SLIP PN13