C2004/2190, Transcript of Proceedings [2004] AIRCTrans 2695 (15 July 2004)

AUSCRIPT PTY LTD
(Administrator Appointed)
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114 MELBOURNE Vic 3001)
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 7723

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SIMMONDS

C2004/2190

AUSTRALIAN MUNICIPAL, ADMINISTRATIVE,
CLERICAL AND SERVICES UNION

and

LATROBE CITY COUNCIL

Application under section 170LW of the Act
for settlement of dispute re restructure
of the Records Management section

MELBOURNE

10.22 AM, MONDAY, 5 JULY 2004

Continued from 16.3.04 not transcribed

PN1

THE COMMISSIONER: Is there any change to appearances?

PN2

MR HENDERSON: No. I think we both appeared on the last occasion.

PN3

THE COMMISSIONER: Yes. Mr Wilson - Mr Henderson.

PN4

MR HENDERSON: Yes, thank you, Commissioner. The parties have had some discussions this morning and been able to reach agreement which would effectively resolve this matter, at least for the time being, if not for good. The dispute is as outlined in the ASU outline which I provided to the Commission in the - - -

PN5

THE COMMISSIONER: I might just for the record mark that. It is the whole bundle of materials and documents attached to it. It is exhibit H2 in the proceedings.

EXHIBIT #H2 BUNDLE OF MATERIALS AND DOCUMENTS ATTACHED

PN6

MR HENDERSON: The dispute as is set out there concerned proposals by the council to change the way in which it operated its record management functions. As I say, the union and the employer have been able to reach agreement to resolve our differences, and that agreement primarily concerns the three employees that the union referred to in the outline; a Ms Mary McClusky, who had been the records unit leader, Gwenda Smith, who is a records officer, and Jason Horscroft, who is a records officer.

PN7

What has been proposed is this, Commissioner; in relation to Ms McClusky the council had asserted that her position as records unit leader had been abolished and made redundant in 2002 and that Ms McClusky had been offered and in fact accepted redeployment to another position. There is a dispute about that as we are instructed by Ms McClusky, but that particular dispute is not really part of the dispute that is presently notified, which concerns the creation of new positions.

PN8

So, the way in which the parties have resolved that particular issue at this point is that the council emphatically states that the position was in fact made redundant, and the matter now becomes a matter for Ms McClusky to raise either with the union or directly with her employer about whether that is the case, and it may be that there are further proceedings generated by that; we don't know. But in the terms of this dispute that particular issue is no longer an argument. In relation to Ms Smith, Ms Smith had been absent on Workcare for some time and in fact was returning to work today.

PN9

The parties have agreed that she will be trialed in a new position, in one of the new positions of records officer, at the band 4 level and that she will commence performing the duties as set out in the new position description. To enable that to occur there will be a discussion between the council and Ms Smith and an official of the ASU at some stage in the very near future to sort out the details of that trial, but the broad parameters of it are that it would be for a period of six months working in the position and that there would probably be a monthly review, and that at the end of that six months she would either be - Ms Smith, that is, would either be confirmed in the position or there would be some further discussion about what might occur with her employment, both parties I suppose having their rights reserved to take whatever decisions they need to take.

PN10

In relation to Mr Horscroft there was a dispute, as can be seen from the papers, about his employment status together with a dispute about the position in the records department. The parties have resolved that argument by agreeing that he is in fact a permanent employee of the council regardless of the various handles which have been given to his employment, and the employer will take whatever steps are necessary to regularise that permanent status forthwith, that he will remain at band 3, and I think he is currently on band 3B, and that the council will assist him to find a position elsewhere within the council, but in the meantime he will remain in the records area as a band 3 and the parties note that he is also an applicant for the new positions and that that may well resolve that particular issue, anyway.

PN11

There was something else I was going to say about Mr Horscroft; no, it has gone. But I think that records what we have agreed about his position, and - sorry, that is what I was going to say - the council is now free from any objection from the union about advertising and filling the remainder of the positions that have been the subject of the dispute, and really subject - in some respects I suppose we have pushed out the dispute to another period of time - but with the best endeavours it is likely that that will be the conclusion of the dispute, with the best endeavours of the parties.

PN12

So, in that respect we commend that settlement to the Commission and we thank the council and Mr Wilson for the discussions this morning, and thank the Commission for its time. If the Commission pleases.

PN13

THE COMMISSIONER: Mr Wilson.

PN14

MR WILSON: I have nothing to add, except to agree with Mr Henderson's submissions and hopefully this will be the end of it.

PN15

THE COMMISSIONER: Well, it is certainly the end of this dispute. I think it is foreshadowed there may be others, but I am hopeful like the others - like the parties, that there won't be. The proceedings are adjourned indefinitely. Thank you.

ADJOURNED INDEFINITELY [10.29am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #H2 BUNDLE OF MATERIALS AND DOCUMENTS ATTACHED PN6