C2002/5001, Transcript of Proceedings [2003] AIRCTrans 40 (7 January 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 VT1151

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER MANSFIELD

C2002/5001

AUSTRALIAN AIR EXPRESS PTY LTD

and

TRANSPORT WORKERS' UNION OF AUSTRALIA

Notification pursuant to section 99 of the Act
of a dispute re new classification structure

MELBOURNE

8.51 AM, TUESDAY, 17 DECEMBER 2002

Continued from 11.10.02

PN110

MR MADER: Commissioner, perhaps just by way of appearances, Mr Johnson had been appearing on behalf of the Transport Workers' Union. He is on annual leave, so I appear and appearing with me is MR S NASH.

PN111

MR D. ANDREACCHIO: As you know, Fiona Field has been running the case and has been assisting in running the case from the Australian Industry Group and she is on another case at the moment, so I will appear on behalf of the company, along with me is MR M. CANAVAN, State Operations Manager.

PN112

THE COMMISSIONER: Good. And who wishes to make a report on where we are? I should just say, for the record, that this is the third or the fourth - - -

PN113

MR ANDREACCHIO: I think it is more like the fourth, isn't it.

PN114

THE COMMISSIONER: - - - the fourth conference - - -

PN115

MR ANDREACCHIO: I think it will be the fourth.

PN116

THE COMMISSIONER: - - - the fourth conference that has been held between the parties.

PN117

MR ANDREACCHIO: Yes.

PN118

THE COMMISSIONER: In an attempt to resolve the differences between the Transport Workers' Union membership and Australian Air Express, about the correct classifications for forklift drivers at the Melbourne depot of Australian Air Express at Tullamarine Airport.

PN119

MR ANDREACCHIO: Yes. Commissioner, as you rightly state, this is our fourth appearance and since then there has been a number of discussions. The latest one since our last visit here to the Commission, there has been the discussions with representatives of the TWU and Mark Canavan, our State Operations Manager. They have visited the site, they have had a look at the maps and they have had a look at the operation and also the rostering and the, I suppose, the company's potential to make sure that we have got enough coverage, in terms of forklift operators, to do the tasks within a varied type of arrangements that we have come up with. And we are pleased to advise that following some extensive discussions and co-operation on the part of the parties, that we have reached an in principle agreement on arrangements relating to the payment of the forklift operations as defined by level 2 in the re-structure classification.

PN120

And these pertain to the forklift operations outside the shed. We have adopted some words which have been spelt out in a number of options that we have put to the union and those words have been kept as simple as possible so it gives both parties the opportunities to go back to their people and have something acceptable. And those words are as follows: "That forklift duties involving loading and unloading trucks, will be paid at level 3.1. Forklift operations outside the shed will be paid at level 2".

PN121

And, therefore, we are just left with a situation where the parties have agreed to further go into preparing a letter of understanding which will go into detailing some of the specific issues that pertain to the Tullamarine domestic operation in relation to those circumstances that may present, whereby there is some freight outside the shed that may need to be moved by the forklift. In which case, if it is freight that is moved outside the shed, it will be paid at level 3.1 - otherwise, all the other movements will be, such as equipment for example, will be paid at level 2.1.

PN122

The reason why we have opted to go down this track is that we have got serious concerns that if we restricted ourselves to eliminating - put in the word "except for freight" in this particular document, which we wanted to go on transcript, it may have potential flow-on effects in other states where the issue might blow out. So if we kept it very, very simple and succinct, loaded and unloading outside the shed is 3.1, other operations is 2.1, by letter of understanding, if we do have any freight that has to be moved outside the shed there it will be either paid at 3.1 or via higher duties, whichever way is applicable to the operations of the site.

PN123

If we were able to have that on transcript so that at least there is something in detail down that doesn't confine the potential of our other operations to be impacted by this and it is just some understanding as to the way that we do it at - - -

PN124

THE COMMISSIONER: When you say, whether you could have that on transcript, it has gone on transcript.

PN125

MR ANDREACCHIO: Well, yes.

PN126

THE COMMISSIONER: But do you want me to repeat it? Is that what you want?

PN127

MR ANDREACCHIO: Yes, yes, if you are able to do that, so that it is there on transcript. I will then be able to get a copy of that transcript and hold it there and hopefully we might be able to contain it, whilst, at the same time, appeasing the concerns of the union and the members and allow us to continue on with the operation as this has taken up everyone's valuable time at some of the most busiest time of the year for us.

PN128

THE COMMISSIONER: Okay. Thank you. Mr Mader, has this proposal been considered by the membership as yet?

PN129

MR MADER: No, Commissioner. And that is a matter that I would want to just address you on. Firstly, Commissioner, we have reached an in principle agreement along the lines that has been spelt out by the company. The union is happy to go to the specific details of that at an operational level in an exchange of letters or a memorandum of understanding. We would expect that we would complete that this week so that prior to the Christmas break we have got a document that spells out the operational details of it, and that we would put this back to the membership after the Christmas break, which effectively brings us, I think, somewhere into mid-January.

PN130

In the meantime, Commissioner, my understanding is that the interim arrangements that, I think, followed you recommendation from our first hearing in this matter will continue on. We don't believe it is causing any difficulties at this point in time, from our point of view. And I think that has been confirmed in our discussions with the company prior to the hearing. And that, for us, Commissioner, is okay.

PN131

THE COMMISSIONER: Mr Mader, before you sit down, what is your estimation of the number of forklift drivers who will be covered under the proposed arrangements, as against the interim arrangement? Is there a difference, do you think?

PN132

MR MADER: It may very well be minimal differences - - -

PN133

THE COMMISSIONER: Yes.

PN134

MR MADER: - - - but there may be, for operational reasons, a need for the company to classify some additional forklift operators at 3.1. But we expect that will be sorted out relative to the workload and rostering arrangements.

PN135

THE COMMISSIONER: Certainly - - -

PN136

MR MADER: So I don't have a specific number. Commissioner, we have not, I think, at any stage, gone to the detail of exactly how many people are classified at different levels in the new structure.

PN137

THE COMMISSIONER: Just that - just an issue in my mind that obviously if you went back with a proposal which resulted in a significant reduction in the number of people classified at 3.1, that would be difficult for you - - -

PN138

MR MADER: That is correct, Commissioner, yes.

PN139

THE COMMISSIONER: - - - and the members to accept.

PN140

MR MADER: I think that there is little likelihood of that because the number of people who are classified at different levels is really a result of the workload factor and everyone understand that. And as we understand it, there is not much likelihood of work decreasing, so, therefore, the number of people at the various classification levels would continue on.

PN141

THE COMMISSIONER: Sure. Thank you. And, Mr Mader, finally, everybody understands that this only applies to Melbourne - - -

PN142

MR MADER: Yes, Commissioner - - -

PN143

THE COMMISSIONER: - - - it is not a proposition that applies anywhere else?

PN144

MR MADER: Yes, Commissioner. We have had some discussions with the Federal Secretary about this. I think we have reported on that in, either in conference or at the earlier hearings. And the advice we had from the Federal Secretary is that this is an issue in Melbourne, that the settlement of the issue is in accordance with the dispute settlement procedures in the enterprise agreement, relative to the new classification structure, and that was that any issues regarding classifications would be dealt with on a port by port basis. So my instructions are, this is a matter in Melbourne. And I have got no other instructions relative to any other port.

PN145

MR ANDREACCHIO: Commissioner, if I may, with your indulgence. If you are able to find some words that you believe would be able to, as much as possible, give us that iron clad guarantee that the issue will be contained over in Melbourne - - -

PN146

THE COMMISSIONER: I think Mr Mader has got to give you the guarantee - - -

PN147

MR MADER: Yes, yes, but in terms of - - -

PN148

THE COMMISSIONER: But he has - - -

PN149

MR ANDREACCHIO: - - - in terms of getting those words - - -

PN150

THE COMMISSIONER: He has made his position very clear. I don't want to ask him for anything else.

PN151

MR ANDREACCHIO: In terms of getting those words down on transcript that - - -

PN152

THE COMMISSIONER: I will put them in.

PN153

MR ANDREACCHIO: Okay. That the union has - - -

PN154

THE COMMISSIONER: Yes.

PN155

MR ANDREACCHIO: Okay. Thank you.

OFF THE RECORD

PN156

THE COMMISSIONER: The parties to this matter, the Transport Workers' Union and Australian Air Express, have met in conference on several occasions to consider the issue of the appropriate classification of forklift drivers at the Tullamarine depot of Australian Air Express. The parties have reached an in principle agreement as to the classification of forklift drivers who work on the air side of the Tullamarine depot. The in principle agreement is that forklift duties involving loading and unloading trucks on the air side of the shed will be paid at level 3.1.

PN157

Forklift operations outside the shed other than loading and unloading trucks, will be paid at level 2. This in principle agreement has application to the Australian Air Express depot at Tullamarine Airport only. The parties will meet further to consider the details of the implementation of the agreement which has been reached. And that concludes this matter. And the Commission is now adjourned.

ADJOURNED INDEFINITELY [9.08am]