C2003/6819, Transcript of Proceedings [2004] AIRCTrans 301 (20 January 2004)

AUSCRIPT PTY LTD
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 F10759

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER EAMES

C2003/6819

NATIONAL UNION OF WORKERS

and

POST FULFILMENT ONLINE
PTY LIMITED

Notification pursuant to section 99 of the Act
of a dispute re the alleged transfer of seven
employees to a new roster which they are unable
to comply with due to family commitments

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

FRIDAY, 9 JANUARY 2004

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [10.52am]

PN1

THE COMMISSIONER: I have chaired a conference involving the parties to this matter in an endeavour to see if an agreed position can be reached in relation to the issues involving seven employees who, at this stage, have been unable to meet the company's requirements in relation to the change to shift rosters. I should say that I am pleased with the discussion that has taken place as both parties have endeavoured to try and find a way through the issues that are involved in this matter.

PN2

I should also indicate that the company has been prepared to continue discussions with the union and with the seven employees concerned to try and find an agreed solution to their particular needs while endeavouring to address the continued viability of the company. To that end it has been agreed that those talks will continue to take place until the end of the school term, which is to conclude in Victoria on 2 April of this year, and both parties have indicated to the Commission their willingness to try and reach an agreed position and that is to be commended.

PN3

In the event that agreement is not reached on any or all of the people that are concerned in this matter the company has indicated that it will be implementing the rosters that they desire from that time in relation to the seven people. Mr Curnow has argued in these proceedings that the provisions of the two relevant enterprise agreements that cover the work of these people indicates that family responsibilities and other family issues need to be taken literally by the company in any change to the working arrangements.

PN4

I am satisfied that such a situation has now been put in place which in my view would address the consideration of those family issues and should it be necessary for the Commission to re-list this matter in the event of any lack of agreement between them, then the Commission would need to be convinced that the company had not met its requirements under the Act for the Commission to take any further action in relation to these proceedings. However, the Commission will retain the file and will re-list the matter should that be necessary on the application of either of the parties.

PN5

Again, the parties are to be commended on the approach they have taken to this issue and, hopefully, an agreed position can be reached in the near future. On that basis I will adjourn these proceedings.

END OF EXTRACT [10.56am]