C2003/1425, Transcript of Proceedings [2003] AIRCTrans 1150 (1 April 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT10271

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2003/1425

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act
by Construction, Forestry, Mining and Energy
Union re the termination of employment of
employees by way of redundancy

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MELBOURNE

MONDAY, 17 MARCH 2003

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PN1

THE COMMISSIONER: The Commission, after having a conference with the parties, is prepared to put the following statement and recommendation on transcript.

PN2

It is the Commission's view that the redundancy process followed by the company and the identification of its criteria that it has applied needs to be transparent. For that to occur the parties are to confer over the next couple of weeks to have discussions to determine the need, if there is a need, for redundancies and the process that has applied to identify individuals and the numbers that the company believes need to be made redundant. The Commission would therefore recommend that the parties are to meet over the next two weeks to consider a range of issues to deal with the proposed redundancies.

PN3

Those issues would include but are not limited to the use of overtime, contractors, particularly to do with the out of hours work - this would include how out of hours can be covered by the use of O'Brien employees - taking of annual leave and long service and working shorter hours with the appropriate reduction in pay. It is the Commission's view that these discussions should run parallel with the discussions concerning the enterprise bargaining process.

PN4

However, it is the Commission's view that negotiations concerning both, that is the EBA and the redundancies, are to continue in an industrial free environment. Therefore the Commission would recommend that the action planned for Wednesday, 19.3.2003, not proceed as a meeting to deal with EBA issues but it is to proceed as a report back dealing with the proposed redundancies. The company have agreed that the maximum period in which they would pay for that meeting, that is Wednesday, 19 March, will be for 1-1/2 hours.

PN5

The union has agreed that in order to assist the parties in their negotiations, after the report back meeting on Wednesday, 19 March, the company would be entitled to seek expressions of interest from those employees who may be interested in working night shift but the company has agreed not to act upon those expressions of interest at this point. There will be a report back to the Commission at 10 am, Tuesday, 1 April 2003. The Commission again would emphasise that over the next two week period, other than for the report back meeting to occur at 7.30 am on Wednesday, 19 March 2003, there is to be no industrial action by the employees of O'Brien and the company are not to act upon the redundancies proposed.

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