C2002/4949, Transcript of Proceedings [2002] AIRCTrans 4228 (25 October 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT354
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2002/4949

SOUTHERN HEALTH

and

HEALTH SERVICES UNION OF
AUSTRALIA

Notification pursuant to section 99 of the
Act of a dispute re an alleged ban on mail
deliveries to and from Day Treatment Centre

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

THURSDAY, 10 OCTOBER 2002

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [1.45pm]

PN1

THE COMMISSIONER: There appears to be, and it is not uncommon, but there appears to be two different interpretations of what may be or may not be an agreement. Now, that may be in part due to the change-over in what is termed the leadership of the HSUA where material may not have been passed on to the new leadership. Mr Douglas is firm in his own mind that there has been extensive consultation, albeit though with people or at least a person that is no longer with the HSUA in an official capacity, but was in an official capacity during the discussions with the working party that did occur.

PN2

So there might be some misunderstandings as to whether or not there is or is not an agreement in place regarding the proposed changes. Mr Douglas has touched on it being a 1.5 EFT reduction and indicating that that was worked through with the working party, again with the involvement of the HSUA, albeit with somebody who no longer is in the official capacity as a HSUA organiser or official. It appears from Mr Douglas's submission that the working party made a decision that they would process the identification of who shall make up the 1.5 because there appeared to be a lack of people or a preparedness to take VDPs, etcetera.

PN3

Now, the Commission is mindful of the disputes and avoidance procedure where it says:

PN4

Until the grievance -

PN5

and there is a grievance and Mr Jackson has highlighted that there are a number of grievances -

PN6

Until the grievance is determined, work shall continue normally in accordance with the custom or practice existing before the grievance arose while discussions take place. No parties shall be prejudiced as to the final settlement by the continuance of work. Health and safety matters are exempted from this clause.

PN7

What is before the Commission that appears to be the custom and practice, that the day treatment centre in fact did have mail picked up and delivered to it. Mr Douglas says, and nothing has been put to the contrary by the union, that there was an undertaking by the union that clinical areas would continue to have mail picked up and delivered, too. The mere fact that the day treatment centre has moved from level 3 to level 1 does not alter its status, nor does it alter or should it alter the position existed before it moved from level 3 to level 1, that is that mail was picked up and delivered to that day treatment centre, so the Commission will direct that mail will continue to be delivered to and picked up from the day treatment centre, that the parties as a matter of urgency will meet.

PN8

They will confer over the issues that the union says are issues that continue to need to be resolved. That does not necessarily mean that everything that had been worked through with the working party is back on the table. What it means is that there needs to be some clarification as to how the hospital has come to the view that there was an agreement and how the union says there was no agreement. If following that consultative process there is no agreement as to what may have been the outcomes of the working party, then the parties are to come back here.

PN9

There is to be no industrial action, whether it is direct or indirect or whether it is perceived to be industrial action at all, so Mr Douglas doesn't have to make the direction in terms of the day treatment centre. The Commission is doing it and if the union chooses to ignore or its members choose to ignore the direction of the Commission or if they choose to comply with the direction of the Commission, but decide to do something in another area, then the Commission will have to view what powers it has to deal with it. Message clear?

PN10

MR JACKSON: I will advise our members, Commissioner, that that is the position.

PN11

THE COMMISSIONER: Thank you.

END OF EXTRACT