C2351/100, Transcript of Proceedings [2003] AIRCTrans 1702 (5 May 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT POLITES

C No 23511 of 2000

THE AUSTRALIAN WORKERS UNION

and

AMF BOWLING CENTRES AUSTRALIA
AND OTHERS

Notification pursuant to section 99 of the Act
of an industrial dispute re log of claims

C2002/3407

THE AUSTRALIAN WORKERS UNION

and

BOWLAND CRANBOURNE PTY LIMITED
AND ANOTHER

Notification pursuant to section 99 of the Act
of an industrial dispute re log of claims

SYDNEY

10.50 AM, WEDNESDAY, 23 APRIL 2003

Continued from 26.3.03
Hearing Continuing

PN146

THE SENIOR DEPUTY PRESIDENT: Well, I note the appearances are the same as on the last occasion. Mr Beard, could you bring me up to date with what's happened?

PN147

MR BEARD: Yes, I could, your Honour. On the last occasion, I informed you that the union hadn't been in a position to respond to the document supplied by Mr Gotterson. I can advise that on 28 March, the union did forward a document to Mr Gotterson. Essentially, your Honour, it proposed a rescheduling of the first minimum rate adjustment to apply. Agreement had been reached that it would be operative on 7 October last year. Obviously that date has gone.

PN148

I propose that the new operative date for the first increase supplied by the minimum rate adjustment will be operative from the date operation of the award which I had expected to be today's date. The second minimum rate would be operative from 7 July 2003 to provide a little bit of breathing space for the employers. The document also had some questions in regards to the classification structure. Essentially, that currently level one classification has reference to providing first aid assistance. I've asked for clarification about exactly what that means because depending on the level of first aid, in fact, could be performed by or should be performed by a person higher than a level one.

PN149

I need some clarification in regard to that. Also, currently the classification structure proposes at level one again maintenance descriptions which I believe again should and could apply to higher levels rather than the level one being the entry level. I also included the updated parental leave clause which hadn't been included in the document supplied by Mr Gotterson. Apart from those issues, your Honour, we're not far away.

PN150

Unfortunately, at this stage, I haven't had a response from Mr Gotterson in regard to that letter so that's where it's at. The matter seems to be being even longer than usual and hopefully we can remedy that situation at some stage today. May it please your Honour.

PN151

THE SENIOR DEPUTY PRESIDENT: Thank you, Mr Beard. Mr Gotterson, what's your position? I realise you're not instructed today.

PN152

MR GOTTERSON: Firstly, I apologise for the delay this morning.

PN153

THE SENIOR DEPUTY PRESIDENT: I heard about the trains, Mr Gotterson.

PN154

MR GOTTERSON: I come from the Southern Highlands, Bowral and I'm sure you're aware of the Menangle bridge issue. You probably have.

PN155

THE SENIOR DEPUTY PRESIDENT: Yes.

PN156

MR GOTTERSON: I confirm that I got a letter from Mr Beard, 28 March, listing those very points he raised. I referred that to my client. I have had some phone discussions with him and pressing upon him that we need to clarify these points to put in place the award because we've been back here probably far too many times, it normally is the case. He understood that. He's currently going what seems to be a restructure internally within their firm. They've also got the president of the company from America now with them at the moment which is taking his time. He said he would try and get something back to me this morning but he's not been able to do so. I apologise through him for that.

PN157

Those issues, I asked him whether they would cause any difficulty, the points Mr Beard is seeking to clarify. They didn't seem to cause any agitation. It seemed really more of a broadening of the description so we know exactly where people fall within the structure. I also asked Mr Beard to forward to me information on that test case with parental leave. Apparently, he did that after I spoke to him. I didn't see it on my email but I will check again with him just so I can clarify that is the current position but perhaps I can take guidance from you on that point, your Honour, if that is the current test case provision in respect of parental leave.

PN158

THE SENIOR DEPUTY PRESIDENT: We can give it to you, that's for sure.

PN159

MR GOTTERSON: It might be the easiest way to deal with that point. So we're close and had hoped that today would have been the end point but not quite.

PN160

THE SENIOR DEPUTY PRESIDENT: Well, subject to what you both think, we'll certainly provide the current parental leave pro forma test case provision. I'm thinking of fixing one more day and I'm thinking of saying on that day that you come prepared to argue any points that remain between you and that will ensure that we at least get a timetable to finish the matter. I'm thinking of Friday, 23 May, that looks about my first available date. Would that suit you?

PN161

MR GOTTERSON: That's suitable.

PN162

THE SENIOR DEPUTY PRESIDENT: Mr Beard?

PN163

MR BEARD: Yes, that's fine with me, too, your Honour.

PN164

THE SENIOR DEPUTY PRESIDENT: Well, it will be 10.30 on Friday, 23 May and I repeat what I said. If the matter is agreed, well, fine, we'll make the award that day. If the matter is not agreed, both parties ought to come prepared to argue on that day the matters that remain between them which seem to me to be only three and they look as though they can be resolved either by discussion or by arbitration of the various difficulties that you raise, Mr Beard.

PN165

MR BEARD: Yes, your Honour.

PN166

THE SENIOR DEPUTY PRESIDENT: So we'll adjourn on that basis and I thank the parties for their attendance this morning.

ADJOURNED UNTIL FRIDAY, 23 MAY, 2003 [10.57am]