C2004/5874, Transcript of Proceedings [2004] AIRCTrans 4415 (16 November 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

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

TRANSCRIPT OF PROCEEDINGS


O/N 8971

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/5874

NATIONAL UNION OF WORKERS

and

COLES MYER LOGISTICS
PTY LTD

Application under section 170LW of the Act
for settlement of dispute re alleged failure
to pay shift loading to casuals

MELBOURNE

10.30 AM, FRIDAY, 5 NOVEMBER 2004

Continued from 20.9.04

PN54

THE SENIOR DEPUTY PRESIDENT: Are there any changes in appearance?

PN55

MR M. COLE: Yes, Senior Deputy President. Mr Mars, who was here last time, is in the building but caught up with other issues, so he won't be with us this morning. We have got two other delegates with us this morning. MR S. DELBRIDGE and MS K. DINCKAL.

PN56

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you.

PN57

MR C. PHILLIPS: I now appear for Coles Myer in this matter. With me is MR J. McDERMOTT. He is the Distribution Centre Manager, and also MS M. NORBURY of Coles Myer.

PN58

THE SENIOR DEPUTY PRESIDENT: Yes. Thank you, Mr Phillips. I think when the matter was last on we went into conference and there was a considerable amount of work to be undertaken by the parties. Perhaps if you could update me on where the matter is at, Mr Cole?

PN59

MR COLE: Thank you, Senior Deputy President. I think it is fair to say that over the past five weeks we have had some pretty robust discussion, but I think we are both pretty well entrenched in our positions. There hasn't been much movement either way. So hence, we are back here this morning.

PN60

THE SENIOR DEPUTY PRESIDENT: Yes, and you are seeking what? Conciliation?

PN61

MR COLE: Yes. We are. We are still of the view that the MOU, the memorandum of understanding, which I think was an NUW document, number 4.

PN62

THE SENIOR DEPUTY PRESIDENT: Yes.

PN63

MR COLE: It still is probably the best way, as far as not only sorting out the casual loading issue, but also sorting out the ambiguity with the span of hours.

PN64

THE SENIOR DEPUTY PRESIDENT: Yes. Just one moment. And that is - yes, very well. Mr Phillips, what is - - -

PN65

MR PHILLIPS: Thank you, your Honour. Concurring in the context of robust discussions, there have been a number of meetings, of formal meetings and I think further discussions on site about how - the best way to resolve the current impasse concerning clause 27(2) in the EBA. We still believe there can be some further discussions concerning the ambiguity, particularly - - -

PN66

THE SENIOR DEPUTY PRESIDENT: Yes.

PN67

MR PHILLIPS: - - - around clause 27(2).

PN68

THE SENIOR DEPUTY PRESIDENT: Yes.

PN69

MR PHILLIPS: We are, however, maintaining our position concerning the status of NUW4.

PN70

THE SENIOR DEPUTY PRESIDENT: And the problem, as I recall it was, in particular shifts, arguably lest fall into any number of the shifts identified in 27(2),

PN71

MR PHILLIPS: That is right, your Honour.

PN72

THE SENIOR DEPUTY PRESIDENT: Yes.

PN73

MR PHILLIPS: And from our perspective we have got a further option that we think could consider. We have had brief discussions with Mr Cole this morning about that option. I think we understand where his position is on that though. We think it is a way of actually not disadvantaging those casual employees that were rostered on that particular shift where there is an ambiguity. We are acknowledging that, and we think it should be resolved.

PN74

THE SENIOR DEPUTY PRESIDENT: Yes.

PN75

MR PHILLIPS: But then we have a view that the best way of going about that is recognising when the shift finishes is when the employee understands which shift they are on. Whereas, I think the NUWs position continues from the MOU or NUW4 about when the shift starts.

PN76

THE SENIOR DEPUTY PRESIDENT: Yes.

PN77

MR PHILLIPS: Our concern with that is that NUW4 doesn't strictly sit in with the actual times of the different shifts. If you look at it, it has specific times in the day. So between 2 and 3, and then a different loading, depending upon what time that person starts that shift. So it doesn't really align with our clause 27(2) and the different recognition of those shifts, being day shift, twilight shift, or an afternoon shift or a night shift. So - - -

PN78

THE SENIOR DEPUTY PRESIDENT: Yes.

PN79

MR PHILLIPS: - - - that is why we are looking at a provision confirming when the shift finishes was the best way to look at it, and that is consistent amongst the supply chain within Coles Myer, and that is the other reason we are looking at it in that context. As I said, we have put that to Mr Cole. His delegates weren't here so we don't - we weren't pressing him on that position, because we think it is important he has the discussion with them.

PN80

THE SENIOR DEPUTY PRESIDENT: Yes, very well.

PN81

MR PHILLIPS: But that is another option we are looking at.

PN82

THE SENIOR DEPUTY PRESIDENT: Okay. Thank you, Mr Phillips. Anything further, Mr Cole, before I adjourn into conference.

PN83

MR COLE: No.

PN84

THE SENIOR DEPUTY PRESIDENT: Very well. I will adjourn into conference.

NO FURTHER PROCEEDINGS RECORDED