AG2003/6062, Transcript of Proceedings [2003] AIRCTrans 4083 (16 September 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 7, ANZ House 13 Grenfell St ADELAIDE SA 5000
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER DANGERFIELD

AG2003/6062

APPLICATION FOR CONCILIATION IN RESPECT OF
AGREEMENTS

Application under section 170NA(1) of the Act
by Transport Workers' Union of Australia re
the negotiation of a new enterprise bargaining
agreement

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

ADELAIDE

THURSDAY, 28 AUGUST 2003

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

PN1

THE COMMISSIONER: In the conciliation conference between the parties this afternoon the Commission made the parties aware of its decision earlier in the day to terminate a bargaining period involving the Transport Workers' Union of Australia and Southlink Proprietary Limited in circumstances that, for all material purposes, are identical with those in this present matter in that they involve a 5 day bus strike due to commence early tomorrow morning, 29 August 2003 that will cause major disruption to Adelaide commuters.

PN2

Indeed, the pattern of recent industrial action by TWU members in relation to both bus operators, Southlink and Serco, has been in parallel from the start of the now quite lengthy union campaign and the effects of the industrial action on the travelling public are obviously the same, if not identical. Since Serco has in fact the biggest slice of the public transport market than Southlink it is not unreasonable to assume that the effects of industrial action by Serco bus drivers would be considerably greater than the effects of industrial action by Southlink drivers.

PN3

Given these circumstances, the Commission asked the parties, this afternoon in conference, if there were any reasons why, pursuant to section 170MW(8) of the Act it should not, of its own initiative, determinate or at least suspend the bargaining period in BP2003/3530 in this matter for the same reasons as it has acted in the Southlink matter. Those reasons were for circumstances set out in subsection (3)(a) of section 170MW, namely that the industrial action that is being taken to support or advance claims in respect of a proposed agreement is threatening to endanger the life, the personal safety or health or the welfare of the population or part of it.

PN4

Neither party, in the present matter, has provided any reasons of substance to establish why the effects of the industrial action at Serco would be in any way materially deferent from the effects of the parallel industrial action at South Link. Faced with evidence of a generic nature in the Southlink matter as to the serious effects of the industrial action on the population or part of it and being satisfied that that generic evidence warranted the action I have taken in that matter, I can see no reason why the Commission should not act of its own initiative pursuant to section 170MW(8)(b)(i) in regard to the action by TWU members employed by Serco.

PN5

Indeed, it would be thoroughly inconsistent of the Commission to do otherwise. However, since I have not had the benefit of detailed evidence or submissions from the parties on the specifics of the Serco situation, I am inclined only to suspend the bargaining period at this stage to enable a last ditch program of concerted conciliation to take effect before determining whether the suspension should be lifted and the bargaining period continue or whether the bargaining period should in fact be terminated, as it has been in the Southlink matter.

PN6

Accordingly, pursuant to section 170MW(8) of the Act, I hereby order the suspension of the bargaining period in BP2003/3530 from midnight tonight for a period of 14 days concluding at midnight on Thursday, 11 September 2003. As a consequence, the Commission will begin one last ditch intense effort to conciliate a resolution to this dispute over the next 14 days. I direct the parties to reconvene in conference before me at 10 am tomorrow when I will discuss the framework and processes of that further conciliation and if necessary make directions on how it is to proceed. The Commission stands adjourned.

END OF EXTRACT