C2003/2006, Transcript of Proceedings [2003] AIRCTrans 2091 (2 June 2003)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER JONES

C2003/2006

RAIL INFRASTRUCTURE CORPORATION

and

COMMUNICATIONS, ELECTRICAL, ELECTRONIC,
ENERGY, INFORMATION, POSTAL, PLUMBING
AND ALLIED SERVICES UNION OF AUSTRALIA
and ANOTHER

Notification pursuant to Section 99 of the Act
of a dispute re failure to respond to call outs over
Easter period and subsequent public holidays

SYDNEY

10.07AM, THURSDAY, 15 MAY 2003

Continued from 1.5.03

PN72

MR CARCARY: I appear for the respondent. I might just put in a apology for Mr ..... from the ASU who I believe can't attend.

PN73

MR DOYLE: I appear for the applicant. Miss McCaulich is not in attendance for today for the Corporation.

PN74

HIS HONOUR: Who wants to lead off?

PN75

MR DOYLE: Thank you, Commissioner, I am happy to report on the progress of the meetings held so far. Commissioner we met the corporation and the unions and a number of job representatives met on Thursday last week as part of a program of meetings and we will actually be meeting again today and with a further meeting scheduled for today week as well. We have been working systematically through the list of issues, the ones that were notified to you in the letter of 23 April. Some of the issues have been resolved already, we believe, to the satisfaction of the parties in particular Commissioner, if I might just draw your attention to the particular issues.

PN76

The sick leave election issue number 2 on the list, we believe that we have agreed on the course of action to be taken. That action's still to be taken but we have agreed on the action to be taken and item 4 Commissioner, was a number of matters concerning travel pass. Some which were matters of clarification where we believe the clarifications is being provided but the more significant issue associated with that being the method of a monetary deduction to be made from the total remuneration package for travel passes and at the meeting last week, the corporation's representatives agreed to take the recommendation to senior RIC management on the resolution to that particular issue and I can advise, in fact, I haven't advised this to the unions and their representatives as yet because we are actually meeting later today, but I can advise that the senior management of RIC is prepared to accept the recommendation coming out of that meeting last Thursday. So that item 4 we believe on the basis of that recommendation that that would be substantively resolved.

PN77

Commissioner, also item 3 "Remuneration Package Breakdown" was discussed at some length and it appears that that particular matter is more one of clarification and information and that also appears to be substantively resolved.

PN78

On that particular list of items it leaves (1) Penalty Rates for Call Outs, (5) Two Man Call Outs, (6) Payment of Call Outs on Sundays and (7) Argus NMC Dispute over Grades and Staffing Levels. Items (1) and (6) are scheduled for discussion today. It is not clear, Commissioner, whether we will resolve items (1) and (6) today but they are on the agenda and if necessary discussion on those items will be carried over to the meeting today week. Item (5) Two Man Call Outs is scheduled for discussion on Thursday 22 May next week.

PN79

Item (7) Commissioner, the Argus NMC Dispute is a matter which concerns different management from Argus than Mr Constantinou and it was agreed at the meeting last week that that would form a separate process, in separate meetings and indeed involve separate representation from the unions and an initial meeting was held on that matter this morning. I am not clear, at this stage, what progress has been made on that matter but I understand that there will be further meetings around those issues but they have made constructive start to reviewing those matters as well.

PN80

So then Commissioner, in terms of the items to address, it leaves that the additional matters mentioned in the final paragraph, or the penultimate paragraph at least, of the letter where it talks about a review of remuneration (in the Argus Field Staff agreement) firstly, on that matter, Commissioner, there was discussion at the meeting last week and the corporation undertook to provide further advice in terms of the actions the corporation will be taking in regard to what are seen to be certain obligations in the RIC EBA 2002 and that advice will be provided shortly to the meeting of the representatives. I am not sure whether that will actually occur today or whether it will occur at the meeting next week but we have provided an undertaking to provide further information.

PN81

The next issue listed is whether a compulsion exists for shiftwork. That one hasn't been discussed at all as yet and hasn't been scheduled for discussion either but that's really a matter for scheduling and something we can look at in the meeting today, at least in terms of scheduling for discussion today. Then that leaves us a final matter, The Establishment of Consultative Forum for Argus Field Staff and that matter was discussed at some length at the meeting last week and agreement has been reached on an appropriate consultative process for Argus field staff. The corporation has agreed to a regular monthly consultative forum between senior Argus management and unions and nominated representatives and that process will be put in place shortly.

PN82

So Commissioner we are doing our best to work constructively through the list. We have made a fair bit of headway. There are still the issues really that some of the issues, the more significant issues if you like, are the ones that concern the initial dispute. The question of payment for the call outs hasn't been addressed yet and so we will commence the process of looking at that today. I am not suggesting that we will get that resolved today but it might need to be carried over to next week and I wouldn't be surprised from the corporation's point of view, if indeed we need to meet again on the Thursday, a week later. If the Commission pleases.

PN83

MR CARCARY: Nothing of any great significance to add to that except I did attend that meeting with NMC this morning. That gave us the opportunity to clearly the issues that exist at NMC and programmed some further meeting to get down and deal with those issues so it was quite a satisfactory meeting. In terms of anything else, I just concur with the submissions of Mr Doyle and hopefully we can keep going along this process, if it seems appropriate. I think we are scheduled to report back again next week. Depending on the other party and yourself Commissioner, I would be happy to vacate that and make it in a fortnight's time.

PN84

MR DOYLE: Yes, we would agree with that Commissioner.

PN85

THE COMMISSIONER: That's my last week. That Thursday will be my last week until September so is that all right? If you do not settle I might have to hand the matter to another member.

PN86

MR CARCARY: I am confident of the way that the discussions have been deducted that we will be able to work through the issues without any recourse to industrial action or anything that may cause this Commission or the company any grief.

PN87

THE COMMISSIONER: Won't cause me any grief. I'm going on leave.

PN88

MR CARCARY: So I am willing to take the risk, for the want of a better word, to report back in two weeks if that is suitable with you and then maybe on your return from leave - - - . Hopefully we will have it resolved by then.

PN89

THE COMMISSIONER: Yes, okay. I will agree to the ..... . We have set Thursday week aside anyway, haven't we? Thursday fortnight. Okay we will leave it that and we'll cancel next week's formal hearing. I must say I am pleased with the progress that seems to have been made so far and I just hope you continue along those lines. I suppose I better adjourn so you can go to your next meeting.

ADJOURNED UNTIL THURSDAY, 29 MAY 2003 [10.17am]