C2004/2319, Transcript of Proceedings [2004] AIRCTrans 1410 (14 April 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 6623

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER LEWIN

C2004/2319

COMPASS GROUP AUSTRALIA
PTY LIMITED

and

THE AUSTRALIAN WORKERS UNION

Application under section 170LW of the Act
for settlement of dispute re the performance
of work described in clause 26 of the agreement

MELBOURNE

2.30 PM, THURSDAY, 1 APRIL 2004

Continued from 29.3.04

PN256

THE COMMISSIONER: Good afternoon. I note that there are no changes in the appearances. So Mr Wade - did you want to say something, Mr Winter?

PN257

MR WINTER: I was going to just report, Commissioner, that the parties did get together on the 30th and there was some progress made. Since that time we have worked together with the delegates to come up with the proposal which we just finalised about 15 or 20 minutes ago which we think we can use as a settlement to the dispute. We would like to go into conference and if possible meet with yourself, Commissioner, to outline what our proposal is, if the Commission pleases, that is if there is no objection on the employer's side.

PN258

THE COMMISSIONER: All right. So the company hasn't seen your proposal yet.

PN259

MR WINTER: The delegates have gone through with the company a fair amount of detail in regard to the proposal, but there were some sticking points. Now, I have met with the delegates this afternoon to try to resolve some of those sticking points and we think we have come up with a set of words that may resolve it and - - -

PN260

THE COMMISSIONER: So what I am hearing from you is that the parties have been in discussion as anticipated.

PN261

MR WINTER: Yes.

PN262

THE COMMISSIONER: That they have been discussing potential settlements, but they weren't able to reach complete agreement, and since that time your side of the negotiation has conferred and you have a proposal which the company has yet to see which is a variation on the discussions.

PN263

MR WINTER: Correct.

PN264

THE COMMISSIONER: All right. Thank you, Mr Winter. Mr Wade, what do you want to say?

PN265

MR WADE: Well, Commissioner, I hadn't been prepared for this. We were having, I suppose, a broad discussion prior to the proceedings commencing and nobody mentioned anything to me. I don't know whether they mentioned anything to the company representatives present, so I have no knowledge of this.

PN266

THE COMMISSIONER: So this is new to you.

PN267

MR WADE: Totally new, Commissioner.

PN268

THE COMMISSIONER: Have you been having the conferences and discussions that were contemplated?

PN269

MR WADE: There was a discussion on Tuesday, I understand, Commissioner, that went for the afternoon. Now, out of that was produced a set of minutes which, whilst having been circulated to the delegates, we are uncertain whether they have actually seen them yet, given the short time constraints and distances, etcetera. Now, I am fairly well prepared to proceed, but if you see merit in adjourning into conference to commence with to hear the union's proposal, I don't believe there is any objection from the company or myself on that basis. If the Commission pleases.

PN270

THE COMMISSIONER: Thank you, Mr Wade. Mr Winter, you mentioned that you had in mind some sort of way of proceeding in relation to this variation on the matters that have been discussed.

PN271

MR WINTER: Yes.

PN272

THE COMMISSIONER: What exactly did you have in mind?

PN273

MR WINTER: In relation to this proposal, we think we can come up with a set of words or prepare a set of words that will resolve it - will resolve it completely. If we can't then reach some sort of agreement through the conciliation process as outlined in the Act in regard to dealing with this matter, then the matter would have to be arbitrated. And we - you raised - and the issue of whether the Commission has the powers to arbitrate in relation to the disputes procedure in the agreement, I have since looked at a number of decisions and I am not - - -

PN274

THE COMMISSIONER: But we may be getting ahead of ourselves. That really wasn't my question. I may not have made myself terribly clear. Perhaps if I put to you a little bit more directly what is on my mind. Wouldn't there be value in you and the company talking without the Commission present first of all?

PN275

MR WINTER: I think that - - -

PN276

THE COMMISSIONER: I mean, it may not be. It may be - - -

PN277

MR WINTER: That occurred on Tuesday. There was some - a couple of outstanding issues - - -

PN278

THE COMMISSIONER: So you think a conciliation conference chaired by the Commission is what should occur now.

PN279

MR WINTER: Correct.

PN280

THE COMMISSIONER: That is what I wanted to clarify, thank you. I understand Mr Wade is content with that.

PN281

MR WADE: Commissioner, if I could just make one point. We have no objection going into conference whatsoever. However, I would make it clear that as you quite correctly indicated on Monday last, this issue revolves around a quality assurance system. That system operates Australia-wide. It is not limited to the Esso contract, it is not limited to Bass Strait or even Victoria, it operates Australia-wide; hence, it is quality assurance. Now, we have no objections to going into conference, but we cannot compromise that system is the only point I would make. If the Commission pleases.

PN282

THE COMMISSIONER: All right. Well, I will adjourn these proceedings into a conference of the parties.

NO FURTHER PROCEEDINGS RECORDED