C2003/5481, Transcript of Proceedings [2003] AIRCTrans 5559 (11 December 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
PO Box A2405 SYDNEY SOUTH NSW 1235
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N F8036
AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT MARSH

C2003/5481

CONSTRUCTION, FORESTRY, MINING
AND ENERGY UNION

and

MINING AND EARTHMOVING SERVICES
PTY LIMITED

Notification pursuant to section 99 of the Act
of a dispute re industrial matters, etcetera

SYDNEY

12.40 PM, FRIDAY, 28 NOVEMBER 2003

Continued from 12.9.03 before Commissioner Roberts

PN64

THE SENIOR DEPUTY PRESIDENT: Could I take the appearances, please?

PN65

MR K. ENDACOTT: If it pleases the Commission, I appear for the Construction, Forestry, Mining and Energy Union, Mining and Energy Division. With me at the bar table is MR M. HAMILTON who is an employee of the organisation and member of the union working at one of their sites that they service.

PN66

MR P. WILSON: If it pleases the Commission, I appear on behalf of the company. I have with me the company's Operations Manager, MR CATLING.

PN67

THE SENIOR DEPUTY PRESIDENT: Thank you. Can I just record on the record that this matter has been the subject of conciliation before the Commission on 20 October and on 28 November 2003 and arising out of those conciliation conferences, I wish to put a recommendation on the record and that recommendation is as follows:

PN68

The Commission recommends that Hunter Valley MES employees who work the 12-hour four-panel roster and are current employees as at 28 November 2003 will be paid as per the rostered days they work with the exception of the rostered Monday night shift which commences at 7 pm on Sunday. This shift would be paid at the hours of 7 pm to midnight at double time and midnight to 7 am single time for the first seven hours. This would be in place for all instances. For example, if an employee works a full shift daylight saving would be paid 7 pm to 7 am.

PN69

The Commission further recommends that all current pay arrangements for different rosters across different sites are maintained at the status quo.

PN70

I note that the parties are in agreement with this recommendation.

PN71

The matters that were raised in the section 99 notification by the CFMEU are now resolved with the exception of the status of casuals. The union has foreshadowed that there are other legal avenues for resolving the status of those employees which it is open to the union to pursue.

PN72

On that basis the file will be closed and I formally thank the parties for their co-operation in this matter. The Commission stands adjourned.

ADJOURNED INDEFINITELY [12.42pm]