C2002/3592, Transcript of Proceedings [2002] AIRCTrans 3748 (23 September 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT05651
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2002/3592

AUSTRALIAN SERVICES UNION

and

NORTHERN TERRITORY NEWS

Notification pursuant to section 99
of the Act of an industrial dispute
re alleged cutting of hours of
employment for part time employee,
without consultation and valid reasons

MELBOURNE

2.05PM, MONDAY, 9 SEPTEMBER 2002

THIS HEARING WAS CONDUCTED BY VIDEO HOOK-UP AND TELEPHONE HOOK-UP AND RECORDED IN MELBOURNE

PN1

MR L. MATARAZZO: I appear on behalf of the Australian Services Union. With me today is ASU member, MRS A. BOONMANEE, who the ASU are representing today.

PN2

THE SENIOR DEPUTY PRESIDENT: And, Mr Fletcher, you are in Sydney?

PN3

MR M. FLETCHER: Yes, I am, your Honour, in Sydney. And I believe in Darwin there is Mr DE VINE who is the editor of the newspaper, also. So, your Honour .... jurisdiction I think by conference by varied means.

PN4

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Mr Matarazzo, what is the position? I understand there have been some discussions between the parties, is that correct?

PN5

MR MATARAZZO: Yes, your Honour. Thank you, your Honour. For the record I guess the ASU can confirm that there was two meetings last week. Before going into the specifics of those meetings, we just by way of background I guess wanted to put the ASU position on the table and we would be hoping today, with the assistance of the Commission, to seek to negotiate or settle matters that still to date remain outstanding.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes, very well.

PN7

MR MATARAZZO: For the record, Mrs Aunchalee Boonmanee has been employed with the Northern Territory News for some 14 years, going onto 15 as the ASU understands, later on this year.

PN8

We submit that the safety net award of her occupation is the General Clerks Northern Territory Consolidated Award. The code number is AW782182 and furthermore on top of that award sits the News Limited Metropolitan Daily Newspaper Companies/NT News ASU National Framework Agreement, registered in the year 2000 and that is AG805458. That is the code number of the certified agreement.

PN9

We say both these registered - one as an agreement, one as an award of the Commission is the safety net for the purposes of conditions for this hearing. The ASU by way of background also wish to confirm that for the record our ASU member Aunchalee and I have faxed these correspondences to the Industrial Relations Commission which I hope, your Honour, you have copies of - namely there is 29 January 1992 correspondence - - -

PN10

THE SENIOR DEPUTY PRESIDENT: Yes.

PN11

MR MATARAZZO: - - - which is basically a correspondence where Aunchalee negotiated with the NT News back in 1992 to reduce her hours from full time to 25 hours a week, which was agreed to. The ASU wishes just to put on the record that that was negotiated as a result of family situation. Aunchalee does have two children who, due to health predicaments shall I say, are requiring her attention which I will go into more detail later on and therefore the News at the time were sympathetic and did agree to reduce her hours to part time.

PN12

The ASU has also sent forward a copy of the correspondence dated 5 August 1997 - - -

PN13

THE SENIOR DEPUTY PRESIDENT: Yes.

PN14

MR MATARAZZO: - - - which we state confirmed consent to decrease the hours back to I think it was - sorry, from six down to five hours a day which made it the 25 hours. Your Honour, the ASU confirms that Aunchalee has been there for some 14 plus years and back in - the ASU understands around July or thereabouts the - my apologies I think it was back in August - the NT sought to reduce her hours of work from 25 down to 15 hours a week.

PN15

Their correspondence dated 29 August 2002 confirms that the reduction in hours is in no - and I quote it states:

PN16

This reduction in hours is in no way a reflection of your work at the Northern Territory News.

PN17

And the letter confirms that the proposed reduction has been as a result of changes to the form guide which required copy takers to do this work - that is the official reason that has been provided in writing.

PN18

I guess the ASU and admittedly for the record Aunchalee did join the ASU some time after her negotiations and discussions and otherwise had occurred with the NT News. When we got involved I guess we state for the record that - that the NT News were obliged to conduct consultations with Aunchalee if she declared her union, in accordance with clause 7 of the Enterprise Agreement, and we also confirm that clause 11.4.3 of the General Clerks NT Award we submit states that there has to be a mutual agreement prior to a reduction of hours occurring.

PN19

The ASU did write on the - on Saturday, 31 August 2002, to the NT News and your Honour we did also lodge a section 99 application. Since then there have been two discussions with the NT News in an effort to seek to resolve this. For the record, the NT News have, as of last week anyway, whilst this dispute is on-going kept Aunchalee's hours at 25 hours a week whilst discussions and negotiations otherwise continue.

PN20

We did, last week, put on the table - concerns that (a) Aunchalee has been there for some 14 years (b) the cut in hours would reduce her income by roughly around $150 a week and we - and that is not including any reductions in the superannuation guarantee, ie that is the 9 per cent that was paid on the lesser amount, and our concern also has been in regards to all the long service leave she has accrued up to date.

PN21

Our concern is that if she is to take long service and/or annual leave at some later date everything would be pro-rata back to 15 hours rather than the 25. We asked the NT News if it was possible, subject within the scope of the award, for there to be other clerical and administrative work to be offered to her so that - so that hopefully the 10 hours could be regained.

PN22

Aunchalee was not adverse or opposed to doing other tasks or duties. The - as a result we postponed Wednesday's proposed hearing so that the NT News could come back to us. On Friday, for the record, they did. They offered, I guess for want of a better word, seven hours back as the aide here understands there was some work - for the record, Aunchalee worked in the editorial area and they offered her an additional seven hours on top of the 15 in the promotions area - there is an area of competitions and otherwise.

PN23

For the record the ASU did ask, during that meeting, whether overtime would apply after the 22 hours. We raised our concern that while we were grateful that there was at least seven hours offered, we thought we were so close and it would be nice if they could balance at the other three and basically there would still be a drop of around $40-$45 a week, even if she dropped from 25 hours down to 22.

PN24

As a last resort, I guess, we - we asked if - at the moment Aunchalee works her hours - Monday to Friday, we asked whether if, by offering to make herself available on a Saturday, that may assist in trying to find those, I guess residual three hours. To date we - the NT News on Friday basically offered the 22 hours. I guess Aunchalee wishes the ASU to put on record in negotiations and otherwise to date she feels that the workload at the NT News is not - is still there and that despite I guess for want of a better word, management decisions in regard to the form guide she still believes and submits that there is 25 hours worth of work there.

PN25

She is prepared to accept those seven hours in the promotions area and she believes that you know, the other three - that three hours a week can be found in that editorial area. I guess her view is that the proposed cut in hours weren't necessary, but we acknowledge you know that management do have a prerogative to restructure work loads but we submit that the work load is still there and the NT News could - could keep her working in the editorial and the promotions area very comfortably with 25 hours a week.

PN26

That is, I guess, our position. We submit that her contract is - and it was you know, negotiated some time ago, that 25 hours a week and therefore we still put that position on the table and we would like today, to seek the assistance of the Commission to negotiate or see what - where we go from here in regards to all this matter. That is our initial position. May it please the Commission.

PN27

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Matarazzo.

PN28

MR MATARAZZO: And just another request, just if later if the parties could - could speak separately to yourself in regards to these matters.

PN29

THE SENIOR DEPUTY PRESIDENT: Yes, certainly. Certainly, Mr Matarazzo.

PN30

MR MATARAZZO: May it please the Commission.

PN31

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Fletcher, is there anything you want to put on the record, or should we go - - -

PN32

MR FLETCHER: There are a number of things, your Honour. Firstly, I would like to indicate that in regard to the further procedure of this matter, we would say that if it is not resolved today by way of conciliation there is a question of jurisdiction to be heard. I have referred to the dispute settlements procedure in the award and I will read the relevant clause for your reference.

PN33

THE SENIOR DEPUTY PRESIDENT: Yes.

PN34

MR FLETCHER:

PN35

If the matter cannot be resolved, if they may be referred to the Commission.

PN36

We would be relying on a number of decisions of the Commission which indicate that unless there is a positive agreement between the parties the matter can be resolved by arbitration, then the Commission does not have the power. That is a specific requirement to the agreement. Obviously that is not - I just raise that as an issue to be considered.

PN37

In regard to the history of this matter, from what I heard, Mr Matarazzo has outlined quite - while I wouldn't disagree with the majority of what he has said, I may just add a few things. Firstly, during the period of time that his member has been employed there have been a number of changes to her hours of work during the period of time she has been a part time employee.

PN38

I am instructed by management on site that that has been predominantly at her request that the hours have been decreased and increased at different - different points in time due to - to suit and assist her requirements whether they be personal based or need extra hours for for whatever reason.

PN39

THE SENIOR DEPUTY PRESIDENT: Yes.

PN40

MR FLETCHER: The reason that this change has come about is there has been a change in the way that newspaper and receives and inputs copy for the race results. It used to be done internally. It has been out-sourced to another provider. It has not been just the one lady that has been affected. There was a contributor who - effectively the contractor who writes race - gives racing results and racing stories who is no longer engaged. He used to work approximately 25 to 40 hours a week. There was also one casual shift of four hours a week that no longer exists.

PN41

So it has not been one person herself, the entire effects that change. The company has gone through the appropriate procedure of getting rid of a contractor and then a casual before it has looked at the part time or full time employees. Now, in regard to the work it has been found I do understand that the company has gone through basically all the clerical areas of the business and has basically found that those seven hours are the only hours that are available on an ongoing basis.

PN42

The company has said that if there is any other hours that become available up to 25 hours that they would be offered to the lady whose name I cannot remember, unfortunately, and that - then that - they would be up to 25 hours when it was required and when it is necessary. The reason that the company cannot be expected to ask someone or to bring someone in to do work that isn't productive or necessary and the company is trying its best to provide up to as close as possible the 25 hours on an ongoing basis.

PN43

One of the - one of the areas in which work has been found is a new area. It only came up last week. I think that there is about two or three hours of work per week at the moment and that may change - work in that area may increase. It may decrease. I am not sure exactly what the promotion is, but I am aware that there may be changes over the coming weeks and months in regard to that area. So it may end up that because of that that there is 25 hours work a week.

PN44

There was also one other full time employee who was engaged in the area in which the changes have been made. The offer was made that if this person goes on leave that 38 hours a week worth could be provided during that period of time. That has been rejected. I understand there are personal reasons for that, but nonetheless the offer to help has been made to obviously - a way to increase her average hours over the 52 week period.

PN45

From my discussions with - with the people on site the company has looked everywhere it can to find additional clerical hours within the skill and capacity of the employee to perform. At this point in time there aren't any - any further work that can be done. The company has done its best. It is unfortunate in these circumstances that there has to be effects, but the company has tried to mitigate that the best way it can. I don't think there is anything else I can add at this point in time, your Honour, unless there is anything that Mr Matarazzo cares to add.

PN46

THE SENIOR DEPUTY PRESIDENT: Yes, yes. Thank you, Mr Fletcher. Is there anything you want to add, whilst we are still on record, Mr Matarazzo?

PN47

MR MATARAZZO: I guess at this stage we take on board the comments made about the jurisdiction although it is our intention anyway, for today's purposes, to seek to conciliate this matter.

PN48

THE SENIOR DEPUTY PRESIDENT: Yes.

PN49

MR MATARAZZO: And we - we will be seeking to explore all options or otherwise prior to that issue needing to be considered. We say that, yes, we are seeking your assistance.

PN50

THE SENIOR DEPUTY PRESIDENT: Very well. Very well. I will adjourn the formal proceedings and go into conference.

NO FURTHER PROCEEDINGS RECORDED