C2003/793, Transcript of Proceedings [2003] AIRCTrans 904 (18 March 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 VT1861

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER TOLLEY

C2003/793

TRANSPORT WORKERS' UNION
OF AUSTRALIA

and

CARTER HOLT HARVEY TISSUE
AUSTRALIA LIMITED

Notification pursuant to section 99 of the Act
of a dispute re alleged bans at the Somerton
distribution facility and interpretation of the
classification structure

MELBOURNE,

2.00 PM, MONDAY, 3 MARCH 2003

Continued from 3.2.03

PN64

MR R. CONDIE: I appear on behalf of Carter Holt Harvey.

PN65

MR C. FENNEL: I appear on behalf of the Transport Workers Union, and with me is MR D. EDWARDS from the Transport Workers Union and two delegates from the site.

PN66

THE COMMISSIONER: Yes, thank you. Now, this matter is for a report back, Mr Condie.

PN67

MR CONDIE: Thank you, Commissioner. I am happy to report that since Mr Fennel from the TWU has got in contact with the Commission that we have made progress in terms of reaching agreement, insofar as we have reached an agreement on most matters that have been outstanding between us and have reached an agreement on a process about the one outstanding issue. And it might be for the benefit of the Commission that I just run through that agreement.

PN68

THE COMMISSIONER: Yes.

PN69

MR CONDIE: And I am certainly sort of adlibbing so I certainly welcome my friend - - -

PN70

THE COMMISSIONER: I am sure Mr Fennel will correct you if your are wrong.

PN71

MR CONDIE: Thank you, Commissioner, and that was the invitation that I was extending. So basically the agreement is around providing additional sick leave to employees, an additional 22 hours sick leave in the first year, which was - without going into any detailed explanation, it was an offer that was made in relation to the 12 hour shifts and, I guess, the genuine hardship that would be faced because of the annualised wages that we have got out there. We have had some discussion around wage rates for some time and there has been a bit of ebbing and flowing between sort of round the classification structure.

PN72

And what we have agreed to do is to have an automatic progression through the wage rates and that is that we have already written into the agreement that a level 1 employee is there for three months and then automatically moves to level 2. We have also got that in place now for a level 3 - level 2 to level 3 employees for new employees - that would apply for new employees. What we have agreed to do is that we will move all employees who are currently level 2 straight away to level 3. That will flow through on this week's pay and it will hit home in the pay packet, in next week's pay packet, basically.

PN73

We have also had a couple of vacancies out there that we have agreed to make up into permanent roles. Those positions will be advertised next week, sorry, this week, to start the sort of process of making up those vacancies. We have also had some discussions around delegate payments, which is something that our agreement was silent on and we have been able to sort of reach some understandings around the delegates who attend things like the Commission today and/or meetings that the - on how that time is to be treated.

PN74

There was another outstanding - or two outstanding issues, Commissioner. One was around public holidays components that we had built into the annualised wage rate. That had caused some concern. We have agreed that I will put together an analysis of the time for each employee and that they will take time to vote. Now that undertaking was that that would be done by the end of February which, it is a little bit remiss of me, Commissioner, that they haven't been - - -

PN75

THE COMMISSIONER: The year has got away with all of us, Mr Condie, we realise today was March. It is all right.

PN76

MR CONDIE: I am a bit shocked myself, actually, now I realise that, sir. That is an undertaking that will proceed very quickly, Commissioner. And then finally the one outstanding issue that we have agreed to process is around the shift roster. We have indicated a need, from a business perspective, to change the shift rosters from our current structure of working 4-on/4-off, 12 hour shifts, rotating between day and night. Basically our movements are not even, they are a bit skewed, and the Saturday is something that we need to look at.

PN77

A process that we have agreed on to look at is that we will take a four week period to canvass as many different shift rosters as possible, consult with employees, look at the mix, look at whatever will meet our needs as well as taking into consideration the employee needs, get some more information out around the movements, the truck movements in-bound and out-bound so, that we have all got the relevant information to digest and come up with some shift structures. We have also indicated that we are happy to stay with the 12 hour shifts, which is - seems to be a preference, a very clear message that came through from our meetings with employees.

PN78

So it really is putting together some framework around all of those things and trying to come up with a shift roster that matches the business needs with employee needs. We have said that - basically that we are happy to go through that process for a month but if it goes out to six weeks we are not going to be terribly fussed by that, Commissioner, if we are making progress. But at the end of the day, you know, we need to make some decisions and if we can't come up with a shift structure that suits everybody's needs then we will exercise the right that we have got under the award to start determining and allocating shift structure.

PN79

It is not a particular approach that we want to go down but, you know, we are confident that if we go through this process that we are sure we can reach a shift structure and shift roster that matches everybody's needs. So that is the approach that we are trying to take. In essence, Commissioner, that is the summary of the agreement that we have reached and we would hope that we would be able to reach all agreements on all those things and get back to work basically. If the Commission pleases.

PN80

THE COMMISSIONER: Thanks very much, Mr Condie. Mr Fennell.

PN81

MR C. FENNEL: Thanks, Commissioner. Yes, when I did contact the Commission it is fair to say that we actually were at loggerheads between the parties. On behalf of our members, the last meeting we had I put a position to the company. Rather than offering it as a whole package maybe we can separate some way to sort out - resolve some of the issues and then have an agreed process to finalise the outstanding matters. The company did respond favourably to that scenario and what we are able to is come to agreement on all matters bar the rosters. I thank the company for actually listening to what our members are saying.

PN82

The company were floating a proposal where the rosters would be - the change roster would be over 8 hour shifts over five days of the week. Our members are clearing saying that they prefer the 12 hour shifts that they are on and the company have taken that on board and we need to just go through the consultative process that we have been in in the last couple of weeks. And I am fairly confident if we continue that process with goodwill from both sides we will get to a position that does two things: allows the company to have the correct manning levels through the week that they require but also gives a good shift mix that our members have actually come to enjoy over the last 8 to 10 months that they have been working there.

PN83

THE COMMISSIONER: Well, gentlemen, I congratulate you on your work and I am pleased the Commission has not had to stick its nose into it. Keep up the good work and I am sure you will reach agreement because there appears to be some goodwill on both sides. In the event that you get bogged down, well, I will offer myself to assist if necessary but I am sure you can do it yourselves. Good luck. Thank you.

ADJOURNED INDEFINITELY [2.11pm]