BP2001/4543, Transcript of Proceedings [2002] AIRCTrans 844 (15 March 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT DUNCAN

BP2001/4543

NOTICE OF INITIATION OF BARGAINING
PERIOD

Application under section 170MI of the
Act by Finance Sector Union of Australia -
Commonwealth Bank Officers Section New South
Wales/Australian Capital Territory Branch
and Another re Colonial Services Pty Limited,
48 Martin Place, Sydney, NSW, 2000

SYDNEY

11.01 AM, FRIDAY, 1 MARCH 2002

PN1

THE SENIOR DEPUTY PRESIDENT: Could I have the appearances, please?

PN2

MR D. PEDDIE: If it please the Commission, I appear for the Finance Sector Union of Australia, assisted by MS K. LOVELL.

PN3

MR P. HILL: If it pleases the Commission, I appear for the Colonial Services with MR N. ELVIN.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Hill. There has been a conference this morning in response to the request lodged by the FSU, and there are a number of matters which it is the Commission's wish to have recorded. I will go to you first, Mr Peddie.

PN5

MR PEDDIE: Thank you, your Honour. This matter concerns the FSUs bargaining period claim on Colonial Services Limited. We are seeking a certified agreement to cover Colonial Services employees other than those employed by the bank's Technology Operations and Procurement Division, and we are seeking an agreement to improve the protection of employment conditions for that group of Colonial Services Limited people within the bank given that the only form of agreement that covers them at this stage had a nominal expiry date of 31 March 2001.

PN6

Recently the bank did agree with us for a certified agreement to apply to the majority of Colonial Services Limited people which improves their remuneration rates either identical to or very similar to those of the bank in general, and moves to improve the remaining conditions towards the standards applying generally across the rest of the bank to Commonwealth Bank employees.

PN7

Regarding this particular bargaining period, we have had one meeting with the bank on 20 December last where we explained the basis of our claim. The bank did undertake to respond to that in detail around the end of January this year and, in fact, I did have a telephone discussion with Mr Hill about the bank's response which was briefly that due to the significant restructuring of the part of the bank which employs this remaining group of Colonial Services Limited employees, the bank was unable to progress any discussions with us at this time.

PN8

Given our concerns that this group of employees may be effectively forgotten about, and their conditions in fact fall below those that apply generally in the bank and, of course, also apply to the bulk of other Colonial Services Limited employees, we have sought the assistance of the Commission to see if our bargaining claim can be progressed with the bank. If it please the Commission.

PN9

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Peddie. Mr Hill?

PN10

MR HILL: Your Honour, the bank thanks the Commission for seeing the parties this morning. The position with Colonial Services is that there is a long tradition of over award agreement making or over agreement making, particularly in the remuneration area. Secondly, your Honour, there has been a restructure that occurred, announced a restructure that occurred on 20 December that Colonial Services and the bank are working through in terms of the effect on the business and staff, and Colonial Services are not in a position at this time to deal with the claim until we work through those various issues. We do undertake, however, your Honour, to keep the union informed of the progress, and where we are in our deliberations. If it please the Commission.

PN11

THE SENIOR DEPUTY PRESIDENT: Very well. That's the situation that has been reached this morning. The record speaks for itself. I do no more than adjourn this matter generally with liberty to apply.

ADJOURNED INDEFINITELY [11.07am]