C2003/2037, Transcript of Proceedings [2003] AIRCTrans 2974 (15 July 2003)

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ABN 76 082 664 220

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


O/N 3500

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER BLAIR

C2003/2037

CONSTRUCTION, FORESTRY, MINING
AND ENERGY UNION

and

CARTER HOLT HARVEY

Application under section 170LW of the Act
for settlement of dispute re the legitimacy
of the stand-down of employees

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

TUESDAY, 1 JULY 2003

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

PN1

THE COMMISSIONER: The Commission has had an opportunity to have extensive discussions with the parties and has had a revisit to the file and had a look at paperwork that has been provided this morning. Arising from those discussions the Commission would issue the following recommendation and it should be understood by the parties that it cannot be construed by either party as a total win for them nor can it be construed by either party as a defeat for the other.

PN2

The Commission simply makes the recommendation based on what it believes to be a reasonable outcome given the necessity to avoid what may be an unnecessarily long argument where, at the end of the day, the Commission, without the benefit of hindsight or the availability of a crystal ball, would have to determine the matter upon the credibility of the witnesses before it. In order to avoid that the Commission would recommend that the six employees in question whose names have been given as part of the transcript this morning, that whatever time they lost by way of a shift or shifts because of a stand-down provision those six employees shall be reimbursed 50 per cent of that time lost because of the stand-down application. I hope that is clear to the parties what the intent of that is.

PN3

Also in regards to try and avoid any future argument arising the Commission would issue the following recommendation in regards to protocols that the parties should follow in order to avoid a similar situation. Before Carter Holt Harvey may engage in any action under the stand-down provisions of the agreement Carter Holt Harvey must:

PN4

(a) give the CFMEU not less than one shift's written notice faxed to the office of the State Secretary of its intention to do so;

PN5

(b) specify in the written notice referred to above:

PN6

(i) the identity of the employees who are proposed to be affected by the proposed action;

PN7

(ii) the anticipated duration and the extent of the proposed action;

PN8

(iii) the reasons why the action is proposed; and

PN9

(iv) the steps taken by Carter Holt Harvey to consider alternative work that may be usefully engaged in by the affected employees as an alternative to standing down those employees.

PN10

It is noted that Carter Holt Harvey recognises that any dispute in relation to a stand-down can be processed under the disputes resolution procedure of the enterprise agreement. Ms Calvert, you will advise the Commission if your members accept the Commission's recommendation and, Mr Smith, you will advise the Commission also of your client's preparedness to accept the recommendation?

PN11

MR SMITH: Yes, Commissioner.

PN12

MS CALVERT: Yes, Commissioner.

PN13

THE COMMISSIONER: Thank you very much. The Commission thanks the parties.

END OF EXTRACT