C2001/6192, Transcript of Proceedings [2002] AIRCTrans 217 (16 January 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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

TRANSCRIPT OF PROCEEDINGS


O/N 1985

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C2001/6192

FINANCE SECTOR UNION OF AUSTRALIA
- VICTORIAN AND TASMANIAN BRANCH

and

EDS (BUSINESS PROCESS ADMINISTRATION)
PTY LIMITED

Notification pursuant to Section 99 of the Act
of a dispute re wages and working conditions

MELBOURNE

10.30 AM, TUESDAY, 8 JANUARY 2002

PN1

MS S. KENNA: I appear on behalf of the Finance Sector Union of Australia.

PN2

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Kenna. Now, we have had some correspondence which we can't actually put our finger on at the moment which indicates that EDS is unable to attend this morning.

PN3

MS KENNA: Yes, your Honour. I actually have copies here that I will tender.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, well you proceed, Ms Kenna.

PN5

MS KENNA: Thank you, your Honour. In summary, your Honour, the FSU is seeking a formal finding of dispute between the parties based on the serving of a log of claims concerning the wages and conditions of FSU members employed by EDS (Business Process Administration) Pty Ltd and the failure of EDS to accede to this log of claims. Accordingly, if it pleases the Commission, I will outline the formal processes undertaken by the union - - -

PN6

THE SENIOR DEPUTY PRESIDENT: Yes.

PN7

MS KENNA: - - - in order to create this dispute. For the record, your Honour, the FSU seeks this dispute finding in response to the outsourcing of core banking services from Westpac Banking Corporation to EDS (Business process Administration) Pty Ltd in November 2001. As the eligible union, FSU intends to part-settle the dispute by making a formal industrial instrument with EDS to cover the wages and conditions of our members who are now employed by EDS (Business Process Administration) at the EDS Credit Services Centre in Adelaide, South Australia. This operation was formally known as the Mortgage Centre, Westpac. The company employs over 1200 staff in the business of mortgage origination processing and administration for Westpac Bank.

PN8

As notified in our application, your Honour, the process for creating this dispute was as follows. On 29 August 2001 a letter of demand and log of claims was served on EDS (Business Process Administration) Pty Ltd from the National Secretary of the Finance Sector Union, Tony Beck, as authorised by the national executive of the Finance Sector Union. Shortly after the serving of this log of claims and letter of demand, Mr Rob Goller of EDS (Business Process Administration) verbally advised the FSU that EDS (BPA) would not exceed to the claims of the FSUA.

PN9

The Finance Sector Union of Australia then notified the Commission in accordance with section 99 of the Workplace Relations Act of the existence of an alleged industrial dispute and the application was received by the Commission and stamped, dated 7 December 2001. I have a copy of that.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes. There is a copy on the file.

PN11

MS KENNA: The application, your Honour, was accompanied by statements from A.J. Beck, our national secretary, attesting to his authorisation to serve the letter of demand and log of claims on EDS (Business Process Administration) in accordance with instructions from the national executive of the Finance Sector Union, as well as a statement from myself attesting to the posting of a letter of demand and log of claims by registered mail on 29 August 2001.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes, both of those are on the file.

PN13

MS KENNA: Thank you, your Honour. Finally, your Honour, the Finance Sector Union notified EDS (Business Process Administration) of this notice of listing of hearing with accompanying documentation by a facsimile on 17 December 2001. The letter that you have before you from Rob Goller indicates receipt of that notification and, as stated previously, their inability to attend today. If the Commission pleases, I will just tender the notification.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

EXHIBIT #K1 LETTER FROM EDS TO AIRC, DATED 17.12.01

EXHIBIT #K2 BUNDLE OF DOCUMENTS CONTAINING NOTIFICATION OF ALLEGED INDUSTRIAL DISPUTE AND FACSIMILE COVERSHEET

PN15

MS KENNA: Thank you, your Honour. Your Honour, in terms of progress in seeking to part-settle this dispute, both parties envisage that we will be able to progress this matter over the coming months. Due to the unavailability of some staff from both the FSU and EDS over the next four weeks, we will seek to resume negotiations by mid February and both parties are in agreement with that. I will, therefore, leave it to your discretion, your Honour, as to whether you list - seek to relist this matter or wait for the notification of the parties. And that concludes the FSUs submission in support of the formal dispute finding application, your Honour. If the our Honour pleases.

PN16

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Kenna. Well, I will process to find, having regard to the material on the file and to what you have put to me, that there is in existence an industrial dispute between the Finance Sector Union of Australia of 341 Queen Street, Melbourne, on the one part and EDS (Business Process Administration) Proprietary Limited of 436 St Kilda Road, Melbourne, on the other part.

PN17

The subject matter of the industrial dispute are those matters set out in the letter of demand and log of claims served on EDS (Business Process Administration) Proprietary Limited by the Finance Sector Union of Australia on 29 August 2001. The dispute exists throughout the Commonwealth, and a formal finding to the effect will be made and placed on the file.

PN18

In relation to the further processing of the matter, Ms Kenna, I think the most convenient course is that we will retain the file and, when the parties are ready to have the matter listed, if they would contact my associate. We will fix a date which is convenient to everybody and, having regard to the people in there, I think that is the easiest course.

PN19

MS KENNA: Thank you, your Honour.

PN20

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN21

MS KENNA: I think that would suit both parties.

PN22

THE SENIOR DEPUTY PRESIDENT: We will adjourn the matter on the basis that I have indicated and the formal finding will issue in due course.

ADJOURNED INDEFINITELY [10.37am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #K1 LETTER FROM EDS TO AIRC, DATED 17.12.01 PN15
EXHIBIT #K2 BUNDLE OF DOCUMENTS CONTAINING NOTIFICATION OF ALLEGED INDUSTRIAL DISPUTE AND FACSIMILE COVERSHEET PN15