C3827/700, Transcript of Proceedings [2003] AIRCTrans 794 (12 March 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

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TRANSCRIPT OF PROCEEDINGS


O/N VT1744

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 an industrial dispute re application of
schedule 4 of the certified agreement in relation
to an individual member

MELBOURNE

9.35 AM, THURSDAY, 20 FEBRUARY 2003

Continued from 18.2.03

PN102

MR D. NORTH: I appear for Linfox Australia with MR J. ALLMOND, MR J. DIXON and MR T. MILLER.

PN103

MR W. MADER: I appear for the Transport Workers Union with MR B. DEWAN who is the delegate in the yard. Could I indicate to the Commission that behind me is the EBA Consultative Committee.

PN104

THE COMMISSIONER: Yes, the Commission knows some of the people at the back.

PN105

MR MADER: Commissioner, could I just apologise for my being a little bit late but I was - - -

PN106

THE COMMISSIONER: Were you. Don't worry about it.

PN107

MR MADER: I was around at Commissioner Mansfield's office. He has listed a hearing at 10 o'clock and I couldn't - - -

PN108

THE COMMISSIONER: Is he trying to give you a break is he?

PN109

MR MADER: Well, Commissioner, we have agreed that the matt er will be re-listed because I can't be in two places at once.

PN110

THE COMMISSIONER: I am pleased that my colleague is being co-operative. Righto, gentlemen, I asked you to go away and get some information together and have some discussions. Who is going to report on the progress or lack of? Mr Mader?

PN111

MR MADER: Commissioner, I might have a go first. I am sure Mr North likewise may have something to say but I just want to indicate to the Commission that after our discussions with your assistance at the last hearing we continued on in a discussion with the company and we have raised the question of the possibility of a trial of the - I guess the arrangements - the pay arrangements and all the other associated matters. The difficulty when this matter was raised earlier, as I understand it, is that there were some conditions placed on a trial that from our point of view restricted, I guess, the freedom of people to get the benefit or otherwise from a trial.

PN112

So in my words I have asked the company as to whether a trial without any strings attached might be a way of putting it to a test - putting to test I guess the issues that we say are not acceptable. Now, we have taken that on our own bat without having any prior discussion with the membership and t he EBA committee. So that is about as far as it has gone. I understand from a brief chat before your arrival, Commissioner, that there has been some discussion on the job. There continues to be opposition to the drop in case rate as the principal payment method and there is certainly some - if not opposition - concern about whether a trial of a system may be of benefit. But we are prepared to, I guess, explore that a little bit further. We obviously have the benefit now of the consultative committee from the TWU here and I think that is probably the first thing for us to explore.

PN113

THE COMMISSIONER: Yes, thank you, Mr Mader. Mr North?

PN114

MR NORTH: Thank you, Commissioner. Since our discussion following the occasion this was before you last we have not engaged in any discussions with the Transport Workers Union and are happy at this stage, if the Commission please, to proceed into conference just to get a further understanding of where the consultative committee and the TWU see themselves at this point in time. As such we don't feel it necessary to put anything further on the record at this time. If the Commission pleases.

PN115

THE COMMISSIONER: The Commission will adjourn into conference.

SHORT ADJOURNMENT [9.39am]

RESUMED [1.50pm]

PN116

THE COMMISSIONER: The Commission is resumed. In the last five hours there have been a series of discussions between the parties, both with and without the Commission, about principally a trial period about the Linfox work at Coca-Cola in Victoria. The Commission's view of the discussions is that they have been fruitful for both sides. Each side has been given the opportunity to air its problems and raise some issues about resolution of those problems.

PN117

Resulting from the Commission's assessment of the conference, the following recommendation is made by the Commission. Firstly, the document which will be marked TRIAL1 and is headed Draft Enterprise Agreement Between Linfox Australia Pty Limited and the Transport Workers Union of Australia Victoria Branch CCA Route Clayton, will be the base document for the trial. All of the issues contained within the said document shall be trialed. The employees of Linfox at the Coca-Cola contract at Clayton, being members of the TWU and the persons to be involved in the trial, shall be those permanent drivers now performing permanent work.

PN118

The draft document provides that any issues which cannot be resolved by the parties during the trial will be brought back to the Commission for resolution and the Commission will make itself available at any time to assist the parties. During the trial period, any material changes to vehicles or structure of the contract shall be discussed at first instance with the parties. In the event that agreement can't be reached, the Commission will list the matter quickly.

PN119

There has been an outstanding issue about a 3 per cent wage increase which was, from the information given to the Commission, contingent upon an agreement being reached in the middle of last year. The parties have not been able to reach agreement about that at this time. The Commission directs the parties to continue discussions about that issue, and if it is still an outstanding issue at the end of the trial period, the parties can make submissions to the Commission and the Commission will decide whether or not to make a recommendation about that issue.

PN120

The trial period is to commence from the first working day in March of this year and remain in force for three months, that is until the last working day in May of this year. That gives the Linfox management group then time, if there are any hiccups after the Commission hearing any problems, to assess the position so that they can readily prepare their submissions to Coca-Cola Amatil to hopefully maintain the work on the contract.

PN121

It goes, I think, without a need of emphasis, but I will emphasise it: all trials have teething problems. Both sides are directed to give the trial a fair go. And that concludes the Commission recommendation about this matter.

PN122

Mr North, have you anything to say?

PN123

MR NORTH: Thank you, Commissioner. First of all, I would like to thank yourself for making yourself available for these proceedings. Linfox certainly gives its commitment to give this trial a fair go and are exceptionally confident that it will be acceptable to both parties. In that spirit of the fair go, one thing springs to mind which is in the drop and case rate appendix, the minimum payment area to do with second loads, we would specifically request that that was given a fair go so that - that refers to the amount payable for the time taken to complete the load in accordance with applicable hours and overtime and drop and case rate, the comparison between, and we feel that that really needs a commitment to have a fair go at that and we would hope that the employees would do so.

PN124

Also we look forward to going through this trial and also having discussions with, as and when required, the labour hire organisations as well. Other than that, Commissioner, we would like to thank you for your assistance and give our commitment to give this trial a fair go. If the Commission pleases.

PN125

THE COMMISSIONER: Mr Mader.

PN126

MR MADER: Yes, Commissioner, I agree with those comments that Mr North has made and I would like to add our appreciation to the assistance that the Commission has given. I would also like to mention, and this may be something that we will document ourselves between Linfox and the union and its members, that the trial period will be underpinned so that there is a protection of earnings if there is a difference between the rates paid under the drop and case rate and the current arrangements for the duration of the trial.

PN127

THE COMMISSIONER: Can I just interrupt you there. I think that is provided for in the document.

PN128

MR MADER: Yes, Commissioner, but I - - -

PN129

THE COMMISSIONER: It is the Commission's view that if there is a problem, that will be adjusted. If there are any arguments, you can bring it to me.

PN130

MR MADER: All right. Thank you, Commissioner.

PN131

THE COMMISSIONER: Well, gentlemen, I congratulate you on your good sense. This matter has been dragging on for too long. In fact, the file says matter number 38277 of the year 2000. Without making comment about other members of this Commission or the parties, even an elephant has a shorter gestation period. However, the Commission is aware that all of the parties at various times have lent their proper abilities to resolving the issue. Mr Mader.

PN132

MR MADER: Commissioner, sorry, I should have mentioned this. I think it is understood that in the Commission today we have the EBA committee - - -

PN133

THE COMMISSIONER: Yes. Yes, to report back.

PN134

MR MADER: - - - and they have undertaken to take this proposal back to a formal meeting of members with a report to have the proposal voted on for it to go forward.

PN135

THE COMMISSIONER: Well, the Commission is aware that is a normal process, but it should be made very clear to the meeting of all the employees it is the Commission's strong recommendation that the trial proceed. The Commission would prefer that people act on the Commission's recommendations, but if the Commission has got to, the Commission will make a decision that people may not like from either side. Good afternoon, gentlemen. Thank you.

ADJOURNED INDEFINITELY [1.59pm]