C2004/4293, Transcript of Proceedings [2004] AIRCTrans 2525 (8 July 2004)

AUSCRIPT PTY LTD
ABN 76 082 664 220

ADMINISTRATOR APPOINTED

Level 10, 15 Adelaide St BRISBANE Qld 4000
(PO Box 13038 George Street Post Shop Brisbane Qld 4003)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 2886

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HOFFMAN

C2004/4293

LINFOX ARMAGUARD

and

TRANSPORT WORKERS' UNION OF AUSTRALIA -
QUEENSLAND BRANCH

Notification pursuant to Section 99 of the Act
of a dispute re allocation of mobile phones to
the company's phone collectors - employees
commenced action 21 June 2004

BRISBANE

10.49 AM, MONDAY, 28 JUNE 2004

PN1

THE COMMISSIONER: Yes. Do we have a change in appearance?

PN2

MR KRAJEWSKI: Commissioner, Richard Krajewski still here, in Grafton, and I think Ross Hazelhurst is there as well with the Commissioner.

PN3

THE COMMISSIONER: Yes, thanks, Mr Krajewski.

PN4

MR D. PRIOR: Industrial Officer for the Transport Workers' Union of Australia, Queensland Branch.

PN5

THE COMMISSIONER: Thank you. Yes, Mr Krajewski.

PN6

MR KRAJEWSKI: Thank you, Mr Commissioner. Commissioner, thank you for bringing the matter on as a hearing, and, really, we just want to tidy up, I think, some of the issues from last week's dispute. Just want to establish a few points on record. We are very pleased that the boys have gone back to work, but we just want to establish a number of points. They are that we want to ensure that the disputes procedure is followed.

PN7

What happened recently, in our view, was contrary to the disputes procedure, and we don't want that situation happening again. We also expressed concern that the dispute had an effect on other parts of the business. For instance, the issue surrounded that of the pay phone collectors, and yet we had the situation of people in the armoured vehicle area and the non-armoured vehicle area participating in an issue which, in our view, had nothing to do with those people. I think, when you look at that, it had a significant effect that impacted upon the business.

PN8

That issue is probably seen more so when you look at what happened, that when the blokes came on the job around about 6, quarter past 6 in the morning, they loaded their trucks up - and that is the armoured and the non-armoured people - yet they waited around till 7 o'clock for half an hour to conduct the meeting. Now, that again disrupted our operation. Now, they can play these funny games if they want to, but we understand what they are doing and we're not pleased with that sort of activity occurring.

PN9

The other issue that we want to identify with, that is the question of the right of entry. I imagine that, although we have no proof of it, that there was a permit from the organiser who I'd seen on the Thursday night before attended a particular meeting. We would have thought, as a matter of courtesy, that the official would have notified Mr Hazelhurst and informed he was going to attend that meeting, and that never occurred. So, once again, we express a concern as to what might be a bit of a laissez faire sort of approach of the TWU relating to this particular issue.

PN10

Commissioner, the final thing we wish to raise is the effect on the business at large, and we say that this sort of activity just won't be tolerated by this company. We had a dispute which affected our business on the busiest day of the week, together with the Monday. The activities of the employees in areas which were not affected by the issue at large disrupted the company significantly. Now, at this stage, that's all we need to say, Commissioner, but we just want to firmly establish that we are not impressed with the activity that took place. There was no following of the procedure, and we would hope that in the future the proper process and procedure is followed. If the Commission pleases.

PN11

THE COMMISSIONER: Yes, thank you. Yes, Mr Prior.

PN12

MR PRIOR: Thank you, Commissioner. Unfortunately, I was not party to any of the matters last week. The organiser concerned I haven't spoken to because the organiser with responsibility for this area was also unavailable on Friday. I understand that on the brief instructions I've received about the progress of the matter that meetings did take place on the days and dates in the context that the company have indicated. I also understand that the prima facie dispute between the parties has been resolved.

PN13

Perhaps in relation to the comments that the company have made today, we will take back a copy of the transcript and discuss those issues internally over what actually occurred and how it was managed.

PN14

THE COMMISSIONER: Yes, thank you. In those circumstances, the Commission will have the transcript of today released. The parties are all well aware of the importance of adherence to the disputes procedure, and equally to following appropriate processes in terms of right of entry where company management should be advised and contacted when entry to the site is being carried out by the organisers. The parties are well aware of all the provisions of both the legislation and the agreement, and, Mr Prior, I would appreciate it if you would discuss that with the appropriate people and aim to ensure that appropriate procedures are followed in the future. Anything further anyone wishes to add?

PN15

MR KRAJEWSKI: No, Commissioner. Thank you very much. We really appreciate the time you have taken to hear our matter and have the matter brought on so expeditiously. We await the release of the transcript.

PN16

THE COMMISSIONER: Yes, thank you. The matter stands adjourned.

ADJOURNED INDEFINITELY [10.55am]