C2002/6014, Transcript of Proceedings [2003] AIRCTrans 27 (7 January 2003)

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TRANSCRIPT OF PROCEEDINGS


O/N VT1126

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2002/6014

HEALTH SERVICES UNION OF
AUSTRALIA

and

GIPPSLAND CENTRE AGAINST
SEXUAL ASSAULT

Notification pursuant to section 99 of the
Act of a dispute re the threatened dismissal
of employees

MELBOURNE

11.10 AM, MONDAY, 16 DECEMBER 2002

PN1

MS E. CRESSHULL: I am from the Health Services Union of Australia and with me is MS S. THOMAS from the Health Services Union of Australia.

PN2

MR P. EBERHARD: I appear with MR D. WOMERSLEY from the Victorian Employers Chamber of Commerce and Industry and also with us is DR H. MILLER who is the Acting Chair of the Committee of Management of the Gippsland Centre Against Sexual Assault.

PN3

THE COMMISSIONER: Yes, Ms Cresshull.

PN4

MS CRESSHULL: Commissioner, we come here by way of an unresolved grievance which has now turned into an industrial dispute between Gippsland CASA and the union. The member involved is here today, Pauline Gilbert, who is a counsellor at the Gippsland CASA. CASA is a centre against sexual assault. The union issued the Gippsland CASA with a grievance because a member had been disciplined without having a support person or a union rep present. She had been threatened with a reduction in her wages and conditions. There were allegations against her that was presented to the Committee of Management out of context and she had no opportunity to respond.

PN5

And the union and Ms Gilbert have presented several alternatives to some of the concerns to the committee several times but the problems remain unresolved. We would be seeking a discussion around her role clarification. We understand that there is now a restructure and we have had no communication, formal communication with Gippsland CASA on this issue. We understand that VECCI had taken over the role of advisers from SIAGs and that may have presented some difficulty. The most immediate problem is that Ms Gilbert has been stood down from her clinical duties. The union hasn't actually been notified of this.

PN6

Basically, the disciplinary procedure which is contained in an agreement, it is a non-certified agreement, the Gippsland Centre Against Sexual Assault has with their members - I am sorry - their employees. It sets out a disciplinary procedure. It is quite a standard disciplinary procedure. Where Gippsland CASA has seen fit to discipline Ms Gilbert, they haven't followed this procedure at all. Basically, new allegations are brought up against Ms Gilbert on an ad hoc basis and she is given little or no opportunity to respond to anything. This has been going on for about eight months. And she is certainly not sure about her future at Gippsland CASA and we were trying to resolve this matter today but it is such a complex series of events that it may be better to address that in conference.

PN7

THE COMMISSIONER: Thank you. Yes, Mr Eberhard.

PN8

MR EBERHARD: Commissioner, we would be happy to go into conference, for two reasons or for one reason, anyway, in that I think we would be presenting some jurisdictional arguments with regards to this matter, to yourself. But we would certainly hope to resolve the concerns from the HSUA and from their member, today, in conciliation. Can I just say that certainly I have no instructions that Ms Gilbert has been stood down from her clinical functions. Certainly when I indicated to Mr Miller he gave me a look of some surprise in regards to that, so that is something that we can certainly explore more in conciliation. But certainly, from the employers point of view or from the Acting Chair's point of view, I don't think that is an actual situation that is occurring. But we would not oppose going into conference.

PN9

THE COMMISSIONER: Thank you. All right. The Commission will go into conference, thanks.

NO FURTHER PROCEEDINGS RECORDED