C2002/2385, Transcript of Proceedings [2002] AIRCTrans 1969 (3 June 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT04060

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT KAUFMAN

C2002/2385

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE,
CLERICAL AND SERVICES UNION - VICTORIAN
SERVICES AND ENERGY BRANCH

and

BULOKE SHIRE COUNCIL

Notification pursuant to section 99 of the Act
of a dispute re failure of the Council to follow
dispute settlement provisions in the award and
the agreement

MELBOURNE

9.03 AM, FRIDAY, 17 MAY 2002

PN1

MR N. HENDERSON: I appear for the Australian Services Union.

PN2

MR R. JACKSON: I seek leave to appear on behalf of the Buloke Shire Council.

PN3

THE SENIOR DEPUTY PRESIDENT: Any objection, Mr Henderson?

PN4

MR HENDERSON: No objection, your Honour.

PN5

THE SENIOR DEPUTY PRESIDENT: Leave is granted, Mr Jackson. Yes, Mr Henderson.

PN6

MR HENDERSON: If the Commission pleases. Thank you, your Honour. Thank you for listing this matter so quickly. It concerns the employment of Mr Petrie who is the Environmental Health Officer with the Buloke Shire Council and who had been given notice of the termination of his employment by 4 o'clock this afternoon, on Wednesday, on 14 May - I think - was that Wednesday? It might have been Tuesday.

PN7

THE SENIOR DEPUTY PRESIDENT: Wednesday was the 15th.

PN8

MR HENDERSON: Yes, so Tuesday. By letter on Tuesday. Your Honour, this matter has some history and prior to this letter of 14 May, the union had written to the council on a number of occasions asking them to basically stop taking action against our member until we could have some discussion with them about a process, or the way in which the matter should be progressed, and on the 14th the council chose to give Mr Petrie an ultimatum and also at the same time wrote to us rejecting our request to cease and desist, if you like.

PN9

Now, since then, your Honour, I have been able to have a discussion because of the listing this morning with Mr Jackson before the Commission commenced sitting, and we have been able to reach an agreement about how this matter should progress. Basically that agreement is that the council will provide to Mr Petrie in writing and to the union in writing a list of questions about the particular issue that they want to discuss with Mr Petrie by next Monday, which is the 20th, and Mr Petrie, together with the union, will respond to that by the following Monday, which is the 27th. And then the parties will have a discussion about that response and about what, if anything, should happen in relation to Mr Petrie's employment.

PN10

On that basis, the council has agreed that the notice of termination for this evening would be withdrawn and in participating in this exercise both parties retain their rights, whatever they may be, and both parties would be able to ask the Commission to relist the matter if that was necessary. Your Honour, I think that is a very satisfactory resolution to this - - -

PN11

THE SENIOR DEPUTY PRESIDENT: So do I.

PN12

MR HENDERSON: - - - at this particular point. And I am indebted to Mr Jackson for his assistance. That is all I have to really put now.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Henderson. Mr Jackson, do you confirm what is said?

PN14

MR JACKSON: Yes, I do, your Honour. I mean, it should be just put on the record that what the employer is seeking to do is obtain answers to questions and, as Mr Henderson quite rightly pointed out, there is a history of correspondence in relation to seeking those answers and how that might be done, and the position was reached that the employer took the view that in the absence of input it would have to determine issues based on the information it had without the benefit of Mr Petrie's input. This process will provide a time frame within which that input can be obtained. I emphasise of course that my client retains its rights to make a determination as it sees fit, following its discussion and consultation with the union, but it will do so in good faith.

PN15

THE SENIOR DEPUTY PRESIDENT: Just before I adjourn this matter, would you let me know what the outcome is one way or the other, so that if the matter is resolved, which I hope it will be, we can close the file.

PN16

MR HENDERSON: Yes, I will do that, your Honour.

PN17

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Henderson.

ADJOURNED INDEFINITELY [9.08am]