C2002/6036, Transcript of Proceedings [2003] AIRCTrans 165 (16 January 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT1227

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HINGLEY

C2002/6036

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act
by Australian Municipal, Administrative,
Clerical and Services Union for an order to
stop or prevent industrial action

MELBOURNE

12.50 PM, MONDAY, 23 DECEMBER 2002

Continued from 17.12.02

PN521

MR HOY: Thank you, Commissioner. Commissioner, as you are aware, we have had some quite detailed discussions this morning, trying to get to a position where an interim arrangement might be put in place that will enable coverage that the company requires to go ahead and at the same time address some of the concerns that the employees have expressed.

PN522

I can confirm, Commissioner, that the parties have reached a position that we are prepared to put this matter before you on a consent arbitration basis and before I go into the details of what the interim arrangement has been, I believe the issue that needs to be arbitrated is that the rosters being proposed by the company, from the company's point of view, fall within the award conditions and provisions and the enterprise agreement conditions and provisions and clearly the union, for their part, will be arguing, without putting words in their mouth, to the contrary. We believe that issue would address all the matters that have been raised between the parties as being in dispute.

PN523

As far as the interim arrangement goes, Commissioner, from 27 December - and this is in relation to the controllers or despatchers in the control room, a four on, five off shift arrangement will be worked by eight employees. It will average 40 hours per week so over a nine week period, there would have to be two additional shifts worked by employees during that period. Management will provide additional support during the day time to the control room for the Monday to Friday period. The parties, at the conclusion of today's proceedings, will sit down and identify the particular roster on that basis and that will commence from 27 December.

PN524

In respect to the supervisor roster, the company is prepared to continue with the current roster until the matter is arbitrated on the basis that from 13 January next year, one of the duty supervisors who would be working on an afternoon shift would undertake that shift in the control room. There are presently two such supervisors; one I believe covers a north area and the other a south area. That area that is left vacant will be covered by management on an as required basis so it won't be expected that whoever is not in the control room will be covering both areas. That won't apply. And on that basis, Commissioner, I think that is the position that the parties have reached but I will leave it to Mr Henderson to confirm or clarify any other matters, if the Commission pleases.

PN525

THE COMMISSIONER: Thank you, Mr Hoy. Mr Henderson.

PN526

MR HENDERSON: Thank you, Commissioner. We agree with those submissions. In relation to the questions to be answered in arbitration, the issues really do boil down to whether the proposed shift arrangements are capable of being sustained by the award or the agreement. From our point of view, just to clarify the issues perhaps a little bit further, that is the shift arrangement issue concerns in relation to the despatchers, the configuration of the 12 hour shift proposal, bearing in mind that the members involved aren't opposed to a 12 hour shift as such and also whether - and we would say it flows from that, whether the number of staff provided by the company can fill out that shift arrangement but as Mr Hoy indicates, really it comes down to whether that arrangement has been agreed to or whether it is part of the award, in any event.

PN527

In relation to the supervisors, the most onerous aspect as far as the union is concerned in relation to the proposals is the stand by arrangements and once again, it will come down to whether the roster for stand by arrangements proposed by the company is one that can be sustained by the provisions of the award or the agreement. We have actually sorted out some things this morning, which the Commission will be pleased to hear. Notably, the union is not maintaining its steadfast opposition to the notion that supervisors may, on occasion, be rostered to work on the control room and that is a concession, really, to the company's position. And as a final aspect of the issues that we would want to see resolved in the arbitration, and it really flows from the application of the award or the agreement, that is to ensure that overall the number of hours rostered for these employees does not exceed the number of ordinary hours that are permitted by the agreement and certainly from our point of view, the provisions of the agreement relating to the hours of work of both groups of employees is - well perhaps at this point I would be saying obscure, to avoid indicating one way or the other and it may well be that the result of an arbitration will be to remove some of the obscurity from those provisions for the balance of the period of operation of the agreement.

PN528

So in terms of the arbitration, we would see that there would probably be a need for two days at the Commission's convenience. In relation to the interim arrangements, we agree exactly with the proposal as outlined by Mr Hoy and that means that the Commission can comfortably adjourn the matter to an appropriate date. As far as the ASUs application for a section 127 order, on the basis that the employer has agreed to accept a recommendation by the Commission or have a consent arbitration by the Commission, the union certainly also agrees to do that and on that basis, we will withdraw in the next couple of days the section 127 but at this point simply ask that it be adjourned sine die, if the Commission pleases.

PN529

THE COMMISSIONER: Thank you, Mr Henderson. Anything further, Mr Hoy?

PN530

MR HOY: I have got nothing further to add, Commissioner.

PN531

THE COMMISSIONER: Well not withstanding the matter still on foot, I feel that congratulations to the parties is in order to the extent that accommodations have been made. You can confer with my associate to arrange appropriate programming times. Let us hope Mr Moxon enjoys a speedy return to health and I wish you all a happy and healthy Christmas.

ADJOURNED INDEFINITELY [12.57pm]