C2004/6752, Transcript of Proceedings [2004] AIRCTrans 4747 (7 December 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 11215

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER EAMES

C2004/6752

AUTOMOTIVE, FOOD, METALS, ENGINEERING,
PRINTING AND KINDRED INDUSTRIES UNION

and

LACTOS FRESH PTY LIMITED

Notification pursuant to section 99 of the Act
of a dispute re alleged unfair issuing of a
written warning

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

MELBOURNE

FRIDAY, 26 NOVEMBER 2004

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [11.02am]

PN1

THE COMMISSIONER: I have chaired a conference with the parties to this matter in an effort to try and reach an agreement on a resolution. It has been put by Mr Hale, on behalf of two of his members, Mr Colin Robinson and Mr Barry Cole, that in the view of the union the disciplinary process which is active at the company in their view wasn't followed to the extent that it should have. And the ultimate warnings that have been issued to the two employees, in the view of the union, were too harsh.

PN2

It has been put by Mr Ironmonger, on behalf of the company, that in fact in the company's view the disciplinary procedure was followed appropriately and that the warnings that were issued to the two employees were appropriate in the circumstances involved. The Commission is not prepared to exercise a view one way or the other about that because there is a difference of opinion in relation to the circumstances. However, I am satisfied that it is appropriate for the existing warnings that are in place, that they should remain in place for the proposed 12 months period and will expire some time during next year.

PN3

In the interim if there are any further incidents involving either Mr Robinson or Mr Cole which potentially have the view of - or the result, I should say, of either further final warnings or more extensive punitive action being considered, then it has been agreed by the parties that the Commission will be notified of such a circumstance and that the matter currently before the Commission will be re-listed for urgent hearing and conference as necessary. This has been agreed on the basis that the Commission, in those circumstances, will exercise what power it has in attempting to resolve any further issues.

PN4

It is to be hoped that in the future the circumstances which have led to the current rulings do not, again, surface and that people can continue on working at the company at their premises in Mulgrave in a harmonious way. I will obtain copies of this recommendation which I put to the parties now for inclusion in their files in due course. The matter is adjourned on that basis.

PN5

MR IRONMONGER: If I could confirm on the record, Commissioner?

PN6

THE COMMISSIONER: Yes, certainly.

PN7

MR IRONMONGER: Yes. I would like to confirm that is our position for the record, Commissioner.

PN8

THE COMMISSIONER: Good, thank you. And, Mr Hale, I take it, you also?

PN9

MR HALE: That is correct, Commissioner.

PN10

THE COMMISSIONER: All right. The Commission will adjourn on that basis.

END OF EXTRACT [11.07am]