C2002/886, Transcript of Proceedings [2002] AIRCTrans 931 (22 March 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 VT02896
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

C2002/886

HOLDEN LIMITED

and

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

Notification pursuant to section 99 of the Act
of a dispute re casual employees

MELBOURNE

3.26 PM, THURSDAY, 7 MARCH 2002

Continued from 13.2.02

PN81

MS L. OTTO: I am here today representing the Holden Service Parts Operation, together with MS A. ROBERTSON, MR B. CREES, MS R. FITZGERALD.

PN82

MS S. SCHLESINGER: I appear for the Australian Manufacturing Workers' Union. With me today is organiser, MR N. LONG and two stewards, MR A. PERRY and MR .....

PN83

MR T. LYONS: I appear for National Union of Workers. Appearing with me is MR J. BARLOW, our organiser.

PN84

THE SENIOR DEPUTY PRESIDENT: Our time is limited so, Ms Otto, can you tell me briefly what the problem is?

PN85

MS OTTO: Yes. Your Honour on 13 February 2002, Holden sought assistance from the AIRC due to a dispute regarding the engagement of casuals process at Holden's Service Parts operation in Dandenong. In an attempt to resolve the issue at the hearing on 13 February a trial process proposed by the unions was negotiated and agreed between the parties that identified trigger points for introducing overtime and engaging casual labour. This process was agreed to by all parties at a conciliation hearing, which included Holden Limited, the NUW and the AMWU Vehicle Division.

PN86

As a result of the AIRC outcome, the child process was immediately communicated to all employees and implemented. We are before the Commission today because the AMWU Vehicle Division and the NUW held a snap stop-work meeting with all employees yesterday, which resulted in them walking off the job for what we were told by the union was to be for 24 hours. The company first because aware of the union's intention to hold a snap stop-work meeting on Tuesday 5 March 2002 at approximately 3 pm, when the local afternoon shift stewards verbally advised the HR office at Dandenong.

PN87

As a result of this advice, I immediately contacted the organisers from both unions to find out why there was a need for a snap stop-work meeting. During the conversation, I expressed concerns that the company had not been aware of any specific employee concerns regarding the matters they raised. Mr Long raised, as one of the concerns, the allocation of overtime and engagement of casual employees. I also informed the organisers that despite a number of informal meetings with the local stewards, that none of these issues had been discussed.

PN88

I would also like to add that the issues had not been submitted as part of the disputes prevention procedure. Clause 6.1 of the 2001 EBA clearly states the following:

PN89

The parties remain fully - - -

PN90

THE SENIOR DEPUTY PRESIDENT: Yes, yes.

PN91

MS OTTO: Yes, okay. Just to add that the clause 6.1 of the 2001 EBA does not include stop-work meetings as part of the dispute prevention process or strike action. Would you like a copy of the - - -

PN92

THE SENIOR DEPUTY PRESIDENT: No.

PN93

MS OTTO: Obviously Holden was extremely concerned about the snap stop-work meeting. Therefore we immediately attempted to follow the dispute prevention procedure by arranging for the AMWU organiser to meet with the employee relations director of the company. Among a number of general issues was the issue of the engagement of the casual process, which the AMWU organiser now disagreed with. Mr Long organised for a copy of new proposed wording to be sent to the company, which we received yesterday. This new wording is contrary to the agreement reached at the AIRC hearing on 13 February 2002, and does not allow the company to quickly respond to customer demands on the day that it is identified.

PN94

This is why we came to the AIRC last time, which resulted in a process in order for agreement to be reached on the day that the need is identified. During this meeting with the organiser, the company again reinforced the need for the unions to ensure that the proper disputes prevention procedure is followed. Following the stop-work meeting at 3 pm yesterday, both day and afternoon shift walked off the job for 24 hours, night-shift were called and advised of the resolution to stop work for 24 hours following the stop-work meeting.

PN95

We seek the help of the AIRC to resolve this matter and would be happy to go into conference for further discussion of the engagement of the casual process that was agreed between the parties at our last hearing. If the Commission pleases.

PN96

THE SENIOR DEPUTY PRESIDENT: Ms Schlesinger.

PN97

MS SCHLESINGER: Your Honour, the matter before the Commission today was only advised to the national office of the union when we have arrived, so consistent with the company's usual practice of forwarding us that information, that did not occur this time round. We would be happy to go into conference, but before we do that I would put our understanding that the letter that had been sent to the union following on from the Commission hearing on the 13th was responded to by the union in a letter dated 27 February. The company has just received that yesterday, and I believe it actually was not posted from our office on the 27th, but hopefully it would have arrived prior to yesterday.

PN98

But it arrived yesterday by facsimile, and we think in that letter does address the outstanding concerns between the parties. I understand that the company has not had an opportunity to look at what we have put forward in that letter. In terms of yesterday, I believe the stop-work meeting, we would characterise it as a communication meeting rather than a stop-work meeting; that there were a range of issues that were discussed at that meeting. I can detail those issues if need be, but I believe it was the other issues that people were particularly aggrieved by.

PN99

It goes to that whole concept of being part of a team, and the way the management relates to the whole of the workforce, and not fragmenting that workforce and relating better to some parts and treating them differently to the members of the two unions that are here today.

PN100

THE SENIOR DEPUTY PRESIDENT: So they just decided to go on strike?

PN101

MS SCHLESINGER: Well, I think - I have got the stewards and the organiser here, so if you want to deal with that further in conference, but I believe the issues that were before them were very heartily felt.

PN102

THE SENIOR DEPUTY PRESIDENT: Good. I assume they did not take strike action lightly.

PN103

MS SCHLESINGER: It was not taken lightly, your Honour. We think we have put forward some wording in the letter that arrived at the company yesterday that, you know, it is capable of resolution, and we would look forward to being able to do that promptly.

PN104

THE SENIOR DEPUTY PRESIDENT: Mr Lyons.

PN105

MR LYONS: Thank you, your Honour. Perhaps - I am not sure whether this was covered, but my understanding is, at least in as far as the NUWs members are concerned, normal work has resumed on the afternoon shift.

PN106

THE SENIOR DEPUTY PRESIDENT: On today's afternoon shift?

PN107

MR LYONS: Yes.

PN108

THE SENIOR DEPUTY PRESIDENT: Did they go out for 24 as well?

PN109

MR LYONS: Yes. So normal work has resumed on afternoon shift and my instructions are that the day shift will resume as per their normal roster tomorrow morning. So industrial action has ceased, just to cover that point off.

PN110

THE SENIOR DEPUTY PRESIDENT: Are the metal workers still on strike or have they gone back too?

PN111

MS SCHLESINGER: The Vehicle Division is all back at work, yes.

PN112

THE SENIOR DEPUTY PRESIDENT: Yes, thank you.

PN113

MR LYONS: Thank you, your Honour. Look, I would not propose to say a great deal, beyond to say my instructions are that the reason for the NUWs members participation in the dispute was not the issues that were canvassed in the conference before you at the proceeding hearing, or at least not in substance. It was a series of other issues which in summary appear to go to a somewhat high-handed attitude by management towards the concerns of the employees and the unions, and it was those issues which seemed to have caused the event.

PN114

I am also instructed that there is no prospect of the industrial action continuing, so while we are content to have the matter go into conference, we are a little at a loss as to exactly what the company seeks. There are some issues which we need to put to them, but whether or not that requires the assistance of the Commission is, we say, somewhat up for grabs. If the Commission pleases.

PN115

THE SENIOR DEPUTY PRESIDENT: I will adjourn into conference.

NO FURTHER PROCEEDINGS RECORDED