C3827/700, Transcript of Proceedings [2003] AIRCTrans 745 (7 March 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
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TRANSCRIPT OF PROCEEDINGS


O/N VT1748

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C No 38277 of 2000

TRANSPORT WORKERS' UNION
OF AUSTRALIA

and

LINFOX TRANSPORT (AUST) PTY LTD

Notification pursuant to section
99 of the Act of a dispute re the
application of schedule 4 of the
certified agreement in relation to
an individual member

MELBOURNE

10.32 AM, TUESDAY, 18 FEBRUARY 2003

Continued from 23.12.02

PN86

MR D. NORTH: I am from Linfox Australia. This morning I am accompanied, to my left, by MR J. ALLMAND, MR J. DIXON, and MR T. MILLER.

PN87

MR W. MADER: I appear for the Transport Workers' Union, Victorian and Tasmanian Branch, and appearing with me is MR B. DEWAN, the delegate at Linfox Coke.

PN88

THE COMMISSIONER: Yes. Thanks, Mr Mader. Firstly, gentlemen, I apologise for the confusion in the listing of this matter. It was my fault, not my Associate's. I am still dreaming. I still think next month is the third month of the year. It is, but not this week. When the parties were last before me I took some submissions, but also directed the parties to have further conferences. Who is going to report on the outcome of those conferences? Mr - - -

PN89

MR NORTH: I will, if I might.

PN90

THE COMMISSIONER: Mr North.

PN91

MR NORTH: Commissioner, first of all I would like to say we appreciate your help in this matter, and following our last appearance before you a number of conferences took place, the first of which was on 6 January 2003, which I was present with Mr Terry Miller, who is a Linfox systems analyst and a specialist in this area, and also Mr James Allmand, who is the contract - or sorry, the national manager for our Coca-Cola operations. Present at that meeting was Mr Chris Fennell of the Transport Workers' Union, and the consultative committee of the Coca-Cola site. During that meeting it was put to Linfox that information they had brought forward may not have been sufficient.

PN92

As such, we committed to have a further meeting. On 8 January a further meeting was held, and further dissatisfaction with the quality of the data provided by Linfox was expressed, and we therefore undertook to provide further and better particulars. Mr Miller of Linfox then put most of his attention towards investigating the matter, looking at the earnings of the drivers presently, and as they would be under the proposed scheme. We have details of that, whenever you would like me to put them forward, Commissioner, I am willing to do so.

PN93

Further to that another meeting was held on 3 February 2003. Unfortunately, Commissioner, the involvement of the employees and the union was such that they basically rejected any approach put forward by Linfox, despite the many, many hours put in to provide an accurate representation of how the future might pan out. Basically we were told that, "No means no. We don't wish to discuss this any further." And that is basically where discussions have left off, aside from one individual driver in - also with the delegate present this morning, who discussed his individual proposed earnings, as it were, with Mr Miller and, as I understand it, a satisfactory answer was given by Mr Miller. So unfortunately we have not been able to come to any form of agreement. This is something that we still anxiously seek, and your assistance is greatly appreciated. If the Commission pleases.

PN94

THE COMMISSIONER: Thank you. Mr Mader?

PN95

MR MADER: Yes, thank you, Commissioner. I am in a bit of a difficulty, obviously - - -

PN96

THE COMMISSIONER: I know you have picked up the ball running.

PN97

MR MADER: I have picked up the ball a little bit, and what I have got in front of me, I think, is some of the information that Mr North has referred to, and I am not exactly sure whether we have the situation of total rejection or not. Now, I wasn't obviously at that meeting with the - - -

PN98

THE COMMISSIONER: You will get a chance to find out about that shortly.

PN99

MR MADER: Yes. I think that is probably where we might go, but I have certainly been advised that there are some issues as to, I think, information supporting the documents that the company have provided in order that there be a comparison, and perhaps if we end up in a conference discussion with this we may be able to bring that out a little bit further. But essentially, what I am advised is that the comparison has generally found that there is a significant reduction in earnings from the old system to the new system, and apart from, as I said earlier, the seeking of further documentation to support and substantiate, we are probably no further advanced than we were before you in December last year. If the Commission pleases.

PN100

THE COMMISSIONER: The Commission will adjourn into conference.

SHORT ADJOURNMENT [10.39am]

RESUMED [10.41am]

PN101

THE COMMISSIONER: In adjourning into conference, the Commission directs the parties present to have further discussions within the boundaries of the Commission. In other words, in this room. Either party will inform my Associate by knocking on the door to chambers when they are ready for me to return. I also inform the parties, in the event that some reasonable position is not reached in respect to today's compulsory conference the Commission will declare conciliation at an end, and proceed to arbitrate the matter. The Commission is adjourned.

NO FURTHER PROCEEDINGS RECORDED