C2002/3567, Transcript of Proceedings [2002] AIRCTrans 2974 (2 August 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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TRANSCRIPT OF PROCEEDINGS

O/N VT04985
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2002/3567

WOMEN'S AND CHILDREN'S HEALTH

and

HEALTH SERVICES UNION OF AUSTRALIA
- VICTORIAN NO 1 BRANCH

Notification pursuant to section 99 of the Act
of a dispute re termination of employment of a
HSUA No 1 Branch shop steward for serious
misconduct

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

FRIDAY, 19 JULY 2002

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [9.47am]

PN1

THE COMMISSIONER: The best thing to do would be for the Commission to recommend the following:

PN2

that all industrial action cease;

PN3

that no further industrial action occur regarding the termination of Mr MacPherson;

PN4

that Mr MacPherson be reinstated at this point, but be stood down on full pay;

PN5

that the Commission would seek from the Industrial Registrar or their nominee that they conduct an inquiry. That inquiry would provide an opportunity for the parties to present all the material that is relevant leading up to the decision to termination Mr MacPherson. That includes the transfer of the meat slicing equipment from the Women's Hospital to the Children's Hospital.

PN6

The terms of reference would be similar to those that the Commission outlined earlier in these proceedings. It would be appropriate for Ms Marko and Mr Vidmar to meet to refine those terms of reference so that both parties are clear and they accept those terms of reference. If the inquiry is to occur, then the Commission would accept the suggestion of Mr Vidmar that those that would be intending to provide evidence to that inquiry be required to provide that evidence under oath; that they would be required to provide an outline at least of what they intend to say, so that both parties are not ambushed; that that inquiry would have a finite date of providing a report-back to the Commission as currently constituted by no later than Wednesday 14 August.

PN7

Any outlines of argument or evidence that would be intended to be provided to the inquiry is to be provided no later than Wednesday 31 July. So that would allow at least two weeks for the Registrar or their nominee to conduct that inquiry and provide a report-back to the Commission. The Commission does strongly recommend that the parties accept what the Commission has put forward. It does provide an opportunity to remove any allegations that there has not been an objective approach taken to the investigation. It also provides Mr MacPherson with an opportunity to provide in full his circumstances as he sees it that led to the investigation initially taking place.

PN8

Ms Marko, I hope that Mr MacPherson understand that if the inquiry says very clearly that the investigation carried out by the hospital was correct, that they have been able to come to a conclusion based on the gathering of factual information, it does not stop Mr MacPherson if he wishes to lodge an application under section 170CE, but it does greatly diminish his opportunities or his possibility of success, given that the Commission has put this inquiry in place. It would only say that it probably enforces the point that the union should make it very clear to their shop stewards that they are not above the law, that they are not above policies of their employer, that they are protected by carrying out legitimate shop stewards' activities, but anything above that they are not protected at all.

PN9

They have the same possibilities of facing recrimination as any other employee that does anything outside of what is a legitimate policy or a legitimate request on the part of the employer.

PN10

MS MARKO: Yes, Commissioner.

PN11

THE COMMISSIONER: All right. If the parties could advise the Commission, say, by 5 o'clock today whether they are prepared to accept the Commission's recommendation, then I can put in place - if they are then I can put in place the processes to ensure that we meet the time frames required.

END OF EXTRACT