C2003/126, Transcript of Proceedings [2003] AIRCTrans 2184 (6 June 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 2753

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT LACY

C2003/126

AUSTRALIAN LIQUOR, HOSPITALITY
AND MISCELLANEOUS WORKERS UNION
- WESTERN AUSTRALIAN BRANCH

and

AUSTRALIAN CORRECTIONAL MANAGEMENT
PTY LIMITED

Notification pursuant to section 99 of the
Act of an industrial dispute re alleged
safety dispute in relation to staffing
levels and escorts

MELBOURNE

11.00 AM, WEDNESDAY, 21 MAY 2003

THIS HEARING WAS CONDUCTED BY VIDEO CONFERENCE
IN MELBOURNE

PN1

THE SENIOR DEPUTY PRESIDENT: Could I have the appearances please?

PN2

MR J. NICHOLAS: I appear on behalf of the Miscellaneous Workers Union, and I have with me, MS F. BENNETT.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Nicholas. Are there any other appearances? Very well. Yes, Mr Nicholas, what is it all about?

PN4

MR NICHOLAS: Your Honour, this is a section 99 notification on behalf of the Australian Liquor and Hospitality Miscellaneous Workers Union WA to the Australian Correctional Management Pty Ltd. It is concerning a long running safety issue at ACM Port Hedland Immigration Reception and Processing Centre, and your Honour may be aware from other matters before the Commission of these issues. Your Honour, on the section 99 notice filed on behalf of the Miscellaneous Workers Union, there is a reference to an earlier finding of the Commission, that was to be advised.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes.

PN6

MR NICHOLAS: That finding is C 20685 of 1995.

PN7

THE SENIOR DEPUTY PRESIDENT: 206 what, sorry?

PN8

MR NICHOLAS: 20685.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes.

PN10

MR NICHOLAS: Of 1995.

PN11

THE SENIOR DEPUTY PRESIDENT: Of 1995, yes.

PN12

MR NICHOLAS: In which Boulton J made a finding of dispute between the parties in this matter on 15 May 1995. The log of claims constituting that dispute included occupational health and safety in clause 51.

PN13

THE SENIOR DEPUTY PRESIDENT: Yes.

PN14

MR NICHOLAS: Your Honour, this notification has been made to ensure that the safety issues that were before the Commission in C 207 of 2002 remain on foot, and those safety issues were the subject of a revocation order made by your Honour on 12 May 2003. At that time your Honour also reserved your decision as to the demarcation dispute between the Miscellaneous Workers Union and the Australian Workers Union.

PN15

THE SENIOR DEPUTY PRESIDENT: Yes.

PN16

MR NICHOLAS: The safety issues that remain of concern at Port Hedland include general staffing levels at the centre, external escorts of residents by detention officers, asbestos exposure of employees at the centre, and generally the failure by ACM to respond adequately to the various health and occupational reports. Briefly, your Honour, the staffing levels issue concerns the number of detention officers that are rostered on in shifts in relation to the number of detainees.

PN17

You might be aware that detention officers at Port Hedland work in a volatile atmosphere which relations and communication with detainees is often difficult. On 21 October 2002, in C 207 of 2002, ACM agreed in conference before your Honour to maintain a minimum number of posts at Port Hedland. The union is concerned that these staffing levels are not being maintained. For example, when detention officers are on sick leave, they are not being replaced, leaving staffing numbers below an adequate level.

PN18

In relation to external escorts, the union is concerned that detention officers are being required to accompany detainees on external trips in which the number of officers is insufficient to the number of detainees being taken outside. We are also concerned that this leaves internal staffing numbers insufficient.

PN19

In relation to the asbestos issues, we are concerned that workers at ACM Port Hedland have been, and remain, at risk to exposure to asbestos. Asbestos was the subject of a DIMA report some time in January 2003. We are concerned at the accuracy of that report, specifically the assessment of risk as low in the kitchen, mess, canteen, washroom, mosque, freezer room and laundry in the circumstances where there is broken, damaged and holed asbestos in those areas. We are also concerned that asbestos contaminated materials may have been incorrectly moved from the site.

PN20

The union is yet to receive any written confirmation from ACM that they will take responsibility for these matters and what action has been taken. We are also concerned that there has been several reports into health and safety issues at Port Hedland. There was the DIMA report and also an occupational health report by Countrywide Injury Management that ACM undertook. There has been no written confirmation of what action has been taken by ACM in response to those matters.

PN21

Your Honour, significant health and safety issues remain at ACM Port Hedland. We have got Ian Paternoster, who is a detention officer at the centre in Port Hedland, on a phone hook up if you require any more elaboration of the safety concerns up there.

PN22

THE SENIOR DEPUTY PRESIDENT: Yes, thank you, Mr Nicholas. Mr Nicholas, was a copy of the notice of the dispute served on ACM?

PN23

MR NICHOLAS: Yes, your Honour, it was. I have here a copy of a facsimile transmission from the union to Australian Correctional Management. It is dated 13 May 2003 and on the back of that, there is a message confirmation.

PN24

THE SENIOR DEPUTY PRESIDENT: Well, has the union had any discussions with ACM about that notice of dispute?

PN25

MR NICHOLAS: I haven't personally, your Honour, but Joanne Schofield from the national office has spoken to ACM. I spoke to her late yesterday. She said that they were aware of it, and there was some discussion over whether they were going to dispute the notification or not. I was expecting to - for them to appear today.

PN26

THE SENIOR DEPUTY PRESIDENT: Okay, well, how does the Western Australian branch have authority to notify a dispute?

PN27

MR NICHOLAS: Your Honour, we are a federally registered union.

PN28

THE SENIOR DEPUTY PRESIDENT: Yes, but the federally registered body supported the ACM application to set aside the previous finding of dispute that I made, and now the Western Australian branch seems to be taking its own initiative in relation to the matter.

PN29

MR NICHOLAS: That is right, your Honour, our position would be we would have authority to take this action.

PN30

THE SENIOR DEPUTY PRESIDENT: Do the rules give you that authority?

PN31

MR NICHOLAS: I don't have a copy of the rules before me, but I could get a copy of them if your Honour so wishes.

PN32

THE SENIOR DEPUTY PRESIDENT: Well, I mean, the fact that ACM has not turned up and you informed me that Ms Schofield of your national office has spoken to ACM about it, concerns me as to whether or not there is proper constitutional basis for the dispute to be before me at all.

PN33

MR NICHOLAS: My understanding of our rules, your Honour, is that we do have authority under our constitution to bring this matter before the Commission. That certainly was no issue with our national office that we were doing that.

PN34

THE SENIOR DEPUTY PRESIDENT: Yes, well, there is not much I can do without ACM being here at the present time. I need to, I think, have a conference with the parties to ascertain what the situation is. I know there has been an ongoing dispute about health and safety at ACM and I know that I have been involved in the conciliation conferences relating to that matter and that there were some outstanding matters to be dealt with. But, what can I do without ACM being here?

PN35

MR NICHOLAS: Yes, your Honour, it makes it very hard. I suppose all we can do is try to get in touch with them and see what their position is. I am very surprised that they are not here this morning.

PN36

THE SENIOR DEPUTY PRESIDENT: Yes. Well, if I stand the matter down, do you want to go and make some phone calls to ascertain why they are not here and whether or not they propose to be represented?

PN37

MR NICHOLAS: Thank you, your Honour, yes.

PN38

THE SENIOR DEPUTY PRESIDENT: Well, if I stand the matter down now, my Associate will give you her telephone contact, and when you want the matter brought back on, I will return to the hearing room. But, I have other matters on this afternoon, so I would expect to hear from you within the next 10 minutes, all right?

PN39

MR NICHOLAS: Thank you, your Honour.

PN40

THE SENIOR DEPUTY PRESIDENT: Okay.

PN41

MR NICHOLAS: Yes.

PN42

THE SENIOR DEPUTY PRESIDENT: Well, I will stand the matter down now and await your call. Thank you. The matter is adjourned.

SHORT ADJOURNMENT [11.20am]

RESUMED [11.50am]

PN43

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Nicholas?

PN44

MR NICHOLAS: Your Honour, I have spoken to Deborah Diplock from ACM. It appears that she is unaware of this notification due to an internal problem with the notification being sent through. They have asked that I fax through another copy of that so that they can consider it. It appears that they will challenge it, at this stage, so we are happy to seek an adjournment to give them time to do that.

PN45

THE SENIOR DEPUTY PRESIDENT: All right, well when do you want the matter listed again?

PN46

MR NICHOLAS: Next week sometime would probably give them time to do that, your Honour. I know that John Greig is going to be in Perth on Monday of next week.

PN47

THE SENIOR DEPUTY PRESIDENT: Yes, just a moment, please. All right, I will list it for 2 o'clock - I will list it for 2 o'clock on Wednesday, 28 May - 2 o'clock Melbourne time which will be 10 o'clock your time.

PN48

MR NICHOLAS: It would be 12 o'clock our time, your Honour.

PN49

THE SENIOR DEPUTY PRESIDENT: Yes, I - - -

PN50

MR NICHOLAS: Did you say 2 o'clock in Melbourne?

PN51

THE SENIOR DEPUTY PRESIDENT: - - - I never was very good at maths or arithmetic. Yes, 2 o'clock - - -

PN52

MR NICHOLAS: Thank you.

PN53

THE SENIOR DEPUTY PRESIDENT: - - - Melbourne time, 12 o'clock your time.

PN54

MR NICHOLAS: Thank you, your Honour.

PN55

THE SENIOR DEPUTY PRESIDENT: All right. The matter is adjourned until 2 pm on 28 May, that is eastern standard time. Thank you.

PN56

MR NICHOLAS: Thank you.

ADJOURNED UNTIL WEDNESDAY, 28 MAY 2003 [11.52am]