C2002/5658, Transcript of Proceedings [2002] AIRCTrans 5152 (20 December 2002)

AUSCRIPT PTY LTD
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Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS

O/N VT1055
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

C2002/5658

AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION

and

GAINSBOROUGH HARDWARE INDUSTRIES LTD

Notification pursuant to section 99 of the
Act of a dispute re conditions of employment

MELBOURNE

9.14 AM, FRIDAY, 6 DECEMBER 2002

PN1

MR M. ADDISON: Yes. If the Commission pleases, I appear on behalf of the AMWU, together with Z. Curack.

PN2

MS. K. IRWIN: If the Commission pleases, I appear for the Australian Industry Group on behalf of Gainsborough Hardware. Appearing with me today is Mr T. Young, Production Manager and Mr J. Hart, Operations Manager and also with us today is Mr G. Oliver, the General Manager and Mr P. Burke, the Shop Steward.

PN3

THE SENIOR DEPUTY PRESIDENT: Right. Mr Addison.

PN4

MR ADDISON: Yes. Thanks, your Honour. Your Honour, the matter that we bring to the Commission this morning deals with a dispute between the parties with regard to casual leave. Casual leave was dealt with in the enterprise agreement at clause 16 and basically says:

PN5

That a casual employee won't be made permanent following three months of continuous employment.

PN6

There is a provision to allow extension of that. We have a member who has been employed, we say, for coming up to six months and we have sought agreement from the company that that member be made permanent. There has been numerous discussions at the site. The matter hasn't been resolved. We bring the matter to the Commission in an attempt to resolve the dispute between us. Your Honour, if I can just hand very, very quickly, hand up a copy of a letter that was received, I believe yesterday, with regard to the matter.

PN7

The employer has put an offer to us. We are not quite sure what the offer means. On the face of it, it means one thing, but when you read the last sentence it might mean something different. As I say we didn't receive this until yesterday. On that basis we would seek to go into conference as soon as possible. Have some discussion and see if we can resolve the matter. If the Commission pleases.

PN8

THE SENIOR DEPUTY PRESIDENT: Ms Irwin.

PN9

MS IRWIN: Thank you, your Honour. I certainly believe that we should progress to conference but if I can just add to Mr Addison's submissions. Certainly, Ms Vanh, was employed as a casual employee from 14 May 2002. She has not been employed continuously for a six month period. She has had breaks in that period of service - in that period of time, sorry, as a result of availability of work. I just thought that was an important point to make at this point. But certainly attempts have been made by the company to resolve this matter and breaking into conference now would probably to an appropriate way to proceed at this point.

PN10

THE SENIOR DEPUTY PRESIDENT: I will mark the letter to Mr Curack, AMWU, from Mr Hart.

EXHIBIT #A1 LETTER TO MR CURACK, AMWU, FROM MR HART

SHORT ADJOURNMENT [9.17am]

RESUMED [10.28am]

PN11

THE SENIOR DEPUTY PRESIDENT: We have had discussions in conference. In light of those, Ms Irwin, wishes to put something on the record. Ms Irwin.

PN12

MS IRWIN: Thank you, your Honour. The company agreed to make Ms Vanh a permanent employee and to hold discussions with the union in relation to the utilisation of casuals under the agreement. However, those discussions would be without prejudice in relation to the situation that has occurred with Ms Vanh. Those discussions would not occur before the middle of January.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes. Mr Addison, what have you got to say about that?

PN14

MR ADDISON: I concur with the position just put.

PN15

THE SENIOR DEPUTY PRESIDENT: I will list this matter then for report back at 1.00pm on Friday 21 February 2003, here in Melbourne.

ADJOURNED UNTIL FRIDAY 21 FEBRUARY 2003 [10.28am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A1 LETTER TO MR CURACK, AMWU, FROM MR HART PN11