C2003/1332, Transcript of Proceedings [2003] AIRCTrans 1115 (31 March 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT1978

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

VICE PRESIDENT ROSS

C2003/1332

NATIONAL UNION OF WORKERS

and

FAULDING HEALTHCARE AND CO
LIMITED

Application under section 170LW of the Act
for settlement of dispute re refusal to
pay statutory payments (for annual leave
and long service leave) to WorkCover employee

MELBOURNE

10.22 AM, THURSDAY, 13 MARCH 2003

PN1

MR A. THOW: I appear on behalf for the National Union of Workers.

PN2

THE VICE PRESIDENT: Thank you, Mr Thow. I note there is no appearance by the employer. Do you know why that would be the case, or have you had any contact with them?

PN3

MR THOW: No, although I was in contact with our regional organiser who is based in Shepparton yesterday, who made some further enquiries with the company in an attempt to solve the matter prior to today's hearing. So the company was well aware of today's hearing by the appropriate notification from the Commission and also from our regional organiser who notified them of the hearing so I am somewhat surprised by their lack of attendance.

PN4

However this certainly is consistent with our frustration regarding this issue which really is not a major issue between the parties but one which we just can't resolve because we can't get any answers from anybody. I think - - -

PN5

THE VICE PRESIDENT: It doesn't look like I am going to be able to help you today, either.

PN6

MR THOW: No, it doesn't. Just for the record, would you like to us to put on the record the nucleus of the dispute or do you think it better to wait?

PN7

THE VICE PRESIDENT: Certainly. Well, the notification gives me some idea it is about, what is alleged to be the refusal to pay certain entitlements. It said here "statutory payments".

PN8

MR THOW: Yes.

PN9

THE VICE PRESIDENT: Are they also payments under the - - -

PN10

MR THOW: The enterprise agreement.

PN11

THE VICE PRESIDENT: - - - the enterprise agreement?

PN12

MR THOW: Yes. There is two.

PN13

THE VICE PRESIDENT: I see. So it is in essence a dispute that has been referred about a matter arising under the agreement for determination in accordance with clause 12 step 7 of the dispute settlement procedure - is that it?

PN14

MR THOW: Correct. Correct.

PN15

THE VICE PRESIDENT: Okay. No, it is probably better in the circumstances not for you to go into the detail of it.

PN16

MR THOW: Yes.

PN17

THE VICE PRESIDENT: Could you - - -

PN18

MR THOW: Can I just put this on the record, your Honour.

PN19

THE VICE PRESIDENT: Certainly, certainly.

PN20

MR THOW: That without going into the merits of our argument, the reason why we have not been able to solve the dispute is we cannot get anybody from either the company or its head office to make a decision on this issue. I think the frustration might have come from the fact that the company has had a number of ownership changes. Pental Soaps was originally a stand-alone business, it was then purchased by Fauldings Pharmaceuticals who have then been purchased by Mayne Health Group.

PN21

Awn throughout that transition, I don't know who is responsible, basically. The local managers are very sympathetic with our claims but they cannot get approval from their head office. So it is one of those disputes where the locals have been able to, I think, agree that this should be paid but they cannot get the authority of head office who has to rubber stamp the payment and despite our numerous attempts we can't get the appropriate people to prove it.

PN22

THE VICE PRESIDENT: Okay. Well, we will make some enquiries about their non-attendance today.

PN23

MR THOW: Yes.

PN24

THE VICE PRESIDENT: There are other courses open to you to compel attendance. The course I would adopt is to ask you to make further enquiries of them. If the matter is not able to be resolved then seek a relisting of the matter and if you feel there is a difficulty about attendance you have got the options available to you under the Act to address that. Okay.

PN25

MR THOW: Thank you for your time.

PN26

THE VICE PRESIDENT: Thank you, Mr Thow.

ADJOURNED INDEFINITELY [10.26am]