C2002/5251, Transcript of Proceedings [2002] AIRCTrans 4682 (20 November 2002)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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

TRANSCRIPT OF PROCEEDINGS


O/N VT671

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2002/5251

THE COMMUNITY AND PUBLIC SECTOR UNION -
SPSF GROUP, VICTORIAN BRANCH

and

AUSTRALIAN CORRECTIONAL MANAGEMENT
PTY LTD

Notification pursuant to section 99 of the
Act of a dispute re failure by the employer
to provide to the employee the ability to
perform duties agreed between the parties

MELBOURNE

9.32 AM, THURSDAY, 7 NOVEMBER 2002

PN1

THE COMMISSIONER: Just before I take the appearances in this matter, I should indicate an interest. It has come to my knowledge that I have a relative who works for ACM. I don't see the relative very often. If anyone feels that would prejudice my hearing of this matter, I will withdraw. Mr Richardson?

PN2

MR R. RICHARDSON: No, we would not seek your withdrawal.

PN3

THE COMMISSIONER: Mr McLaughlin?

PN4

MR D. McLAUGHLIN: No.

PN5

THE COMMISSIONER: I will take the appearances.

PN6

MR RICHARDSON: If the Commission pleases, I appear in this matter for the CPSU. Appearing with me is MR J. CRANE and MR G. LEWIN and MR and MRS LAURIE, who are in attendance.

PN7

THE COMMISSIONER: Yes, thanks, Mr Richardson. You are going to have to lift your voice a bit today.

PN8

MR RICHARDSON: Sorry?

PN9

THE COMMISSIONER: You are going to have to lift your voice a bit today. You are probably suffering like the rest of us from Tuesday.

PN10

MR McLAUGHLIN: If the Commission pleases, I seek leave to appear for Australasian Correctional Management Pty Ltd and with me is MS L. WAINWRIGHT, who is the WorkCover Safety Claims Manager for the company.

PN11

THE COMMISSIONER: Mr Richardson.

PN12

MR RICHARDSON: If the Commission pleases, Mrs Laurie is the subject matter of today's hearing. Ms Laurie has had a compensatable injury and from 16 July 1999 has either been off or been on a return to work program. Over the last month or so, there has been an issue. Ms Laurie was concerned that the duties that she was expected to do were creating problems and were beyond that detailed in her return to work and encompassed duties that had been indicated by her physician were those issues that were likely to cause her problems. There has been an exchange of letters and I think the concern of the exchange of letters was the implied threat of dismissal.

PN13

THE COMMISSIONER: Do you tender a copy of the letter?

EXHIBIT #A1 LETTER FROM AUSTRALASIAN CORRECTIONAL MANAGEMENT TO MS LAURIE

PN14

THE COMMISSIONER: Do you have a copy of that, Mr McLaughlin? Would you like to sight it first, please?

PN15

MR McLAUGHLIN: I have that.

PN16

THE COMMISSIONER: What part of this correspondence do you refer to, Mr Richardson?

PN17

MR RICHARDSON: The paragraphs specifically five and six on the first page. Because none of the meetings have taken place, nothing has been done about Ms Laurie's request to review the duties that she was being asked to perform on the weekend and we seem to be getting nowhere and we thought it might be best if we notified a dispute and had someone has broker in the process to work out the issues that are involved in this matter because the tone of the letters didn't seem to be getting us anywhere from either side and it would be our submission that we adjourn into conference under your chairmanship to try and sort through the issues that we have got about Ms Laurie's treatment and to address any of the issues that are - the company has been keen to have a meeting. That meeting has not taken place, to address the issues that they wish to address and we would seek your assistance in conference.

PN18

THE COMMISSIONER: Yes, thank you. When you are ready, Mr McLaughlin.

PN19

MR McLAUGHLIN: Yes, Commissioner. We certainly don't object to going into conference under your chairpersonship and in fact we are quite content with that process but what we do say is that the letter of 31 October does not contain an implied threat of termination. The purpose - - -

PN20

THE COMMISSIONER: If I could say just on the surface, reading those two paragraphs, I don't read it that way.

PN21

MR McLAUGHLIN: I'm sorry, Commissioner, I missed that.

PN22

THE COMMISSIONER: Having read the two paragraphs Mr Richardson specifically referred me to, I don't read it as being a threat to terminate her employment.

PN23

MR McLAUGHLIN: Thank you, Commissioner. What the company has been seeking is a meeting with the employee, with her union representative, and that meeting has been arranged I think on three occasions. Originally it was deferred at the request of the union because they couldn't attend and so it was rescheduled and then it was subsequently rescheduled for 2 November. Now that meeting hasn't gone ahead, not through any fault of the company. It is simply that the employee and her representative have failed to attend the meetings. I think the purpose of the meeting is spelled out clearly in the letter of 31 October but we are happy to discuss that. We also contest the submission that there has been a request from the employee - - -

PN24

THE COMMISSIONER: Excuse me, Mr McLaughlin. Mr Crane, you have your conferences outside, otherwise you listen to the other side because I don't want you whingeing in conference that you don't know what they said.

PN25

MR CRANE: Apologies, Commissioner.

PN26

THE COMMISSIONER: Yes, Mr McLaughlin.

PN27

MR McLAUGHLIN: Thank you, Commissioner. We do contest the submission that the employee has raised an issue with her return to work plan. The return to work plan was agreed on 16 September 2002 and as far as the company is concerned, we are not aware of any concern the employee has raised in relation to the duties set out in that plan. Now I don't think there is a need to say any more on the record at the moment. As I say, we are prepared to go into conference to see whether we can resolve these issues.

PN28

THE COMMISSIONER: Yes, all right. The Commission will adjourn into conference.

NO FURTHER PROCEEDINGS RECORDED [9.41am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 LETTER FROM AUSTRALASIAN CORRECTIONAL MANAGEMENT TO MS LAURIE PN14