C2002/5680, Transcript of Proceedings [2003] AIRCTrans 210 (21 January 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N VT1262

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT IVES

C2002/5680

FINANCE SECTOR UNION OF AUSTRALIA

and

OAMPS INSURANCE BROKERS LTD

Notification pursuant to section 99 of the Act
of and industrial dispute re alleged failure to
consult over change of employment

MELBOURNE

10.10 AM, TUESDAY, 7 JANUARY 2003

Continued from 5.12.02

PN43

THE DEPUTY PRESIDENT: There are no changes to the appearances?

PN44

MS KENNA: No, your Honour.

PN45

THE DEPUTY PRESIDENT: Yes, thank you. The matter was listed for a report only this morning so I don't suppose it matters much who goes first, but perhaps, Ms Kenna, you might like to.

PN46

MS KENNA: Thank you, your Honour. This matter, your Honour, as you are aware was a dispute between Mr Colin Cleary who is employed as a risk manager with OAMPS Insurance Brokers and the company. The matter concerned considerable changes to Mr Cleary's job and job description.

PN47

The parties have had discussions since we last appeared before you, your Honour, and have reached in principle resolution. If I could just take you through what that resolution involves for the record.

PN48

THE DEPUTY PRESIDENT: Yes.

PN49

MS KENNA: Mr Cleary has been offered a detailed job description for a position of risk manager/claims liaison adviser which continues part of his current role as a risk manager and adds some considerable new duties including claims liaison and product services and procedures tasks. Mr Cleary is happy in principle to accept the new position, to give it a go in fact. But just for the record I would like to discuss some of the issues that we have outstanding with OAMPS just to make sure that they are actually on transcript.

PN50

The first is that Mr Cleary's financial opportunities and career opportunities have not been affected by what we have agreed. The second is that Mr Cleary feels that he needs to have a few issues within the position description ironed out and to that end the FSU has suggested to OAMPS that the parties have a three-month trial of the new position; that we stay in contact with Mr Cleary and with OAMPS over that period and just ensure that in fact the job is a full-time position that keeps Mr Cleary occupied and he is able to undertake his - utilise his skills and experience in that role.

PN51

Now, I put to Mr Romano from OAMPS the option of having a three-month trial with both parties of the view, obviously, that a trial needs to lead to something, either the job would continue or the parties would re-assess exactly what is happening with the position. Obviously our view as we stated in the earlier hearing was that Mr Cleary's job as he knew it is no longer in existence and therefore a redundancy should perhaps be considered. Mr Romano for OAMPS has made it clear to me that the company's position is that wherever possible they try and avoid redundancy and they still value Mr Cleary's skills as a risk manager and would bend over backwards in fact to continue to employ him. So in effect we have to be realistic and say that at the end of the three-month trial OAMPS, I believe, would still be in a position to - whereby they would not consider redundancy as an option.

PN52

Nevertheless, your Honour, for the record, the FSU and OAMPS have agreed to a three-month trial, as I said, whereby at the end of that time Mr Cleary can consider his options and if the parties have any outstanding issues in respect to the position description or any element of the job they can at least sit down and discuss them, bearing in mind the lack of communication that actually led to us appearing in the Commission in the first place which was a key concern for us.

PN53

I think that is all the FSU needs to say at this point, your Honour. If the Commission pleases.

PN54

THE DEPUTY PRESIDENT: All right. Thanks, Ms Kenna. Yes, Mr Pesutto.

PN55

MR PESUTTO: I think I can say, your Honour, that most of that is acceptable. Just two issues I just wish to address for the purposes of the transcript. OAMPS position as far as negotiations between the parties is concerned will not revisit the question of a redundancy. Just for the purposes of the transcript, OAMPS maintains that each of the job descriptions it has put forward constitute on objective criteria reasonable offers of alternative employment. The second - - -

PN56

THE DEPUTY PRESIDENT: That may or may not be the case, but it could be an argument for some stage in the future.

PN57

MR PESUTTO: Yes, we are just maintaining it, your Honour. And just in relation to a trial period of three months, given what I have just said about OAMPS position that it maintains that it is a reasonable offer for alternative employment, it welcomes any feed-back from Mr Cleary, whether it be in three months' time or in one month's time. That can happen on an on-going basis. OAMPS doesn't want to be seen in the position that it is allowing the question of whether its job offer in this case is reasonable alternative employment to be determined subjectively by Mr Cleary at the end of three months. He may have genuine concerns on a subjective or objective basis. I just want to make that clear for the purposes of the transcript. But I think in a lot of respects we are happy to proceed.

PN58

THE DEPUTY PRESIDENT: Well, I think on both issues, whether or not there is a redundancy is a matter of fact which would be determined if it became necessary to determine it and whether or not there is a reasonable alternative offer of employment is also a matter of fact which would have to be determined at some point in time if that became an issue as well. All right. Was there anything further, Ms Kenna, that you wished to add to that?

PN59

MS KENNA: No, your Honour. I will leave it there, thank you.

PN60

THE DEPUTY PRESIDENT: All right. Well, I commend the parties on reaching what I think is a sensible arrangement in all of the circumstances. I intend to close the file at this point in time but obviously it is open to the parties to make further application should that become necessary, and I will adjourn these proceedings. Thank you.

ADJOURNED INDEFINITELY [10.15am]