C2003/2551, Transcript of Proceedings [2003] AIRCTrans 2365 (17 June 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 2929

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HINGLEY

C2003/2551

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act
by Pacmetal Services Pty Ltd for an order
to stop or prevent industrial action at
225 Separation Street, Northcote

MELBOURNE

10.00 AM, THURSDAY, 29 MAY 2003

Continued from 27.5.03

PN120

MR ADDISON: Yes, thanks, Commissioner. Commissioner, I am pleased to be able to rise and give a bit of a report this morning. The last time we left the Commission you will recall, Commissioner, there was some arrangement between the parties that the union was not prepared to recommend to its members however had agreed not to speak against that arrangement. A mass meeting was subsequently held at the site and the arrangement was rejected. However, there has been further negotiations this morning between the company and ourselves and we have arrived at a package that the shop stewards and the officials are prepared to strongly recommend to our members at a meeting today.

PN121

That arrangement is that there be a 4.5 or three 4.5 per cent increases. That the overtime issues would be equalled up so that the metal or the employees under the Metal Industry Award would receive the same overtime pay arrangements as those employees under the Graphic Arts Award. The redundancy cap it has been agreed will be increased to 80 weeks. The sick leave credits will be paid out to any employee leaving the company for any reason except summary dismissal for misconduct of up to three weeks and in the event of a redundancy the sick leave credits will be paid out to an employee up to a level of four weeks.

PN122

We believe that is a package that will be accepted by our members and we have proposed to the company that we will convene a mass meeting at 12 o'clock today with regard to that package and will be recommending that to our members. If the package is accepted then employees would return to work at 3 o'clock this afternoon for the start of the afternoon shift and the company will withdraw its 127. If it is rejected for whatever reason, Commissioner, we would seek to adjourn the matter now - I believe you are aware, you should be aware, that the GCD matter listed for 2 o'clock we have withdrawn and we would seek that that time slot at 2 o'clock be made available to the parties to continue this application should the package be rejected by our members but I stress, Commissioner, we will be strongly recommending it and we do not expect that the package will be rejected.

PN123

So, Commissioner, I would seek an adjournment of the matter at this point in time so that we can make the arrangements for the 12 o'clock mass meeting. If the Commission pleases.

PN124

THE COMMISSIONER: Thank you. Mr Rinaldi.

PN125

MR RINALDI: Thank you, Commissioner. My only concern is as I understand this agreement has been reached this morning, a short while ago, my concern is to ensure that we are absolutely of one mind as to what the agreement is. I think, and I will probably seek some instructions from Mr McIntyre to correct me if I am wrong, but as I understand it everything that my friend said is correct. There are perhaps a couple of points of clarification that I would like to make just to make sure there is no misunderstanding.

PN126

As I understand it in relation to the overtime equalisation arrangement, if I can call it that, between the Graphic Arts Award employees and Metals Award employees, there is one issue which I understand has been discussed and agreed which is that there is a higher loading of 20 per cent rather than 15 per cent for the afternoon shift, is that - for Graphics Art people.

PN127

MR JACKSON: Yes.

PN128

MR RINALDI: The intention is not to flow that on to the Metal Award people.

PN129

MR JACKSON: No.

PN130

MR RINALDI: And Mr Jackson is confirming that is correct. That seems to be the position, thank you, and the only other issue is that with the payout of up to three weeks sick leave credits on termination I think, and I was writing it and trying to listen at the same time, but Mr Addison said - may have said summary dismissal, excluding summary dismissal?

PN131

MR ADDISON: Excluding summary dismissal for misconduct.

PN132

MR RINALDI: As I understand where the discussions got to this morning the company's position was that it ought to be excluding termination for cause. Now what that would mean is termination for poor performance but if somebody resigns or ceases employment for any other reason, other than redundancy in which case they have up to four weeks, then they would get the three weeks but if they are dismissed for cause, which may not just be limited to summary dismissal, then it is to be nothing and if any other case it is up to three weeks. Is that correct?

PN133

MR ADDISON: That is not my understanding; that is not my understanding, Commissioner. Commissioner, maybe we should adjourn into conference very briefly just to clarify that point.

PN134

THE COMMISSIONER: Is the point being clarified that - the distinction that if someone is dismissed for some sort of misconduct - - -

PN135

MR ADDISON: Misconduct.

PN136

THE COMMISSIONER: - - - but dismissed with notice they still don't get it?

PN137

MR ADDISON: If they are dismissed for misconduct - my understanding this morning, and I think the two examples I used was if somebody steals from the company and gets dismissed because of theft then the person wouldn't get it or if somebody - - -

PN138

THE COMMISSIONER: Well, presumably that would be summary dismissal?

PN139

MR ADDISON: That is summary dismissal indeed, and if someone belted the foreman then they wouldn't get it. They were the two examples that I used and they were both summary dismissal examples. My understanding was that we were talking about summary dismissal.

PN140

MR RINALDI: I will just get some instructions briefly, Commissioner. Commissioner, I am instructed that the company is prepared to restrict it to summary dismissal.

PN141

THE COMMISSIONER: Thank you.

PN142

MR RINALDI: If the Commission pleases. On that basis I am happy with the proposal that Mr Addison made, which is for the vote to occur at midday. In the unlikely event that it doesn't get voted for if the Commission is able to see us again at two we would be most grateful.

PN143

THE COMMISSIONER: I wasn't aware that I was available at two but Mr Addison who is involved says I am so, yes.

PN144

MR RINALDI: That would be most appreciated and we do thank you, Commissioner, for your assistance in relation to this matter and obviously we are all hopeful of a resolution.

PN145

THE COMMISSIONER: Yes, I am too. I certainly re-affirm those views, but I do just make one comment to the employees and hope it will be carried to them at their meeting, that the Commission will not condone unprotected or illegitimate action if it proceeds this afternoon and the Commission will deal with it. We will adjourn.

ADJOURNED INDEFINITELY [10.09am]