C2002/4945, Transcript of Proceedings [2003] AIRCTrans 3314 (6 August 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 10482

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOLMES

C2002/4945

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the
Act by National Bus Company (Victoria)
Pty Limited for an order to stop or
prevent industrial action

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

TUESDAY, 22 JULY 2003

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

PN1

THE COMMISSIONER: In relation to the matters which were placed on the table today by Mr Stooke and then some other matters, I make the following recommendations and/or note agreements which have been reached.

PN2

In relation to the weekend meal breaks, it has been agreed by the parties that 75 minute meal breaks will not be applied, but the normal 60 minutes will apply, save where there is a spread of hours of a shift which is greater than 9 1/2 hours then National Bus Company will have the flexibility of using two meal breaks of a total of 80 minutes with the condition that there is not a reduction in the number of shifts.

PN3

In relation to the Occ Health and Safety issue at some six locations where the company provides eating facilities, and which the union were seeking a curfew on shifts at 6 o'clock at Garden City and 7 o'clock in the other locations, I recommend that the Occ Health and Safety representative of the union and the relevant appropriate persons from the company conduct inspections of each of those sites after 7.30 pm over the next three weeks with a view to reaching agreement as to what needs to be done.

PN4

If agreement cannot be reached on one or any of those sites, then I recommend that both parties seek the assistance of WorkCover, with WorkCover being advised that it is my view that its inspections would best be carried out after 7.30 pm at night at the sites in dispute, and that they investigate those sites within three weeks of being notified by the union and the company, and that they provide as quickly as possible their assessment of the situation.

PN5

If there are any difficulties involved in obtaining the cooperation of the WorkCover authority, then the parties before me are at liberty to raise that matter, and seek my assistance in that regard.

PN6

In relation to the union's claim concerning a five minute turnaround for each run, I have expressed in quite explicit terms to both parties that it is my view that the turnaround time for each run needs to be assessed on the basis of the timings which have already been undertaken for each run, and that there is a factual assessment, and therefore that it is not a universal rule that five minutes should apply as a turnaround time for every run.

PN7

I note that back on 13 December that the company agreed to the introduction of five minute turnarounds on quite a number of runs, and that based out of North Fitzroy - and I am not sure whether there are any involved at Doncaster - but those arrangements should continue in place.

PN8

As regards the ban on overtime at weekends, there is a difference of view in the submissions which have been put to me as to whether in fact such a ban is going to be introduced or not. I would express the view that given the progress which has been made today, and there are a couple of other matters which I need to talk about, there is no basis for anyone taking industrial action: and as a consequence I direct the union not to take any action which in any way encourages or directs members to undertake such action.

PN9

It is clear that in relation to the question of early morning straight shifts, I think the term is called, that the union does have concerns in relation to situations where a driver may commence work on one morning at 6.30 and finish at 2 o'clock in the afternoon, and the next day be faced with arrangements such that they start work at 9 or later, and work to 6 a night.

PN10

The union has indicated that it has done some considerable work in that regard in order to overcome such problems, and the company has agreed that it will consider whatever the union puts to it, and also consider itself ways in which to minimise that problem: but of course the company is not prepared to give a clear undertaking in relation to any final standard that will be applied at this stage.

PN11

In relation to the inner city weekend rosters, the union again have indicated that they have material which they can provide to the company to deal with their concerns in this regard, and the company has agreed to participate in discussions and consult with the union in relation to that material with a view to reaching agreement if possible.

PN12

THE COMMISSIONER: Just go off the record.

OFF THE RECORD

PN13

THE COMMISSIONER: It has been agreed between the parties that in the process of consultation where firm agreement is reached between them on a particular matter then that agreement will be placed - will be reduced to writing and exchanged between the parties in clear, unequivocal terms. In light of all of those recommendations I propose to relist this matter for a report back on Tuesday, 16 September.

OFF THE RECORD

PN14

THE COMMISSIONER: At 10 am. Should the parties make sufficient progress that they believe a report back is not required at that time, then certainly they can advise the Commission that it would be better to defer the report back and the Commission will willingly accommodate them. I also indicate that should either party in the interim period wish to have this matter relisted, then I grant them liberty to seek to have the matter relisted and the Commission will deal with the matter as quickly as it is able.

PN15

I will arrange for a copy of the transcript of what I have just said to be made available as soon as possible with the assistance of Auscript, and my associate will e-mail them to the relevant representatives and also provide them by way of express post. Is there any comment which either of the parties wish to place on the record at this stage? This matter is adjourned till Tuesday, September 16 at 10 am.

END OF EXTRACT