C2004/5652, Transcript of Proceedings [2004] AIRCTrans 4922 (15 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 9351

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER MANSFIELD

C2004/5652

U.S. BUS LINES t/as PULFRAN
TRANSIT PTY LTD

and

TRANSPORT WORKERS' UNION
OF AUSTRALIA

Notification pursuant to section 99 of the Act
of an industrial dispute re alleged termination
of an employee at the Belgrave depot

MELBOURNE

10.02 AM, MONDAY, 6 DECEMBER 2004

Continued from 1.9.04

PN206

MR J. PICONE: I appear for the TWU and with me is MR S. MURPHY.

PN207

THE COMMISSIONER: Haven't seen you for a while. It is good to see you back before Christmas.

PN208

MR R. LAMBERT: I appear for the Bus Association, seeking leave to appear.

PN209

THE COMMISSIONER: Mr Lambert, similar with you, good to see you. This hearing this morning was essentially meant to be a report back as to developments with U.S. Bus Lines subsequent to the recommendation that was made in this matter some months ago. So what I am looking to do this morning is just to ensure that the subsequent activities of both the employees and the employer following recommendation on 1 December, particularly in regard to Mr Leonard and Mr Mitchell, have come along satisfactorily. So perhaps, Mr Picone, you could - or Mr Murphy, you could just give an indication about where things are.

PN210

The best submissions I would hear would be everything is proceeding satisfactorily, there is no need for any more involvement of the Commission, thank you very much, and we could all go on and do other things. But it may not be as simple as that, but I will look to you, Mr Picone, and you, Mr Lambert, as to what is happening.

PN211

MR PICONE: Thank you, Commissioner. The recommendation that you recommended has been endorsed. The only problem we had with it was the company's notice of Mr Mitchell's position, but if you recall, Commissioner, I made a phone call to yourself and that situation was clarified and the notice was posted for all employees.

PN212

THE COMMISSIONER: Yes.

PN213

MR PICONE: So as far as the recommendation, it has been followed.

PN214

THE COMMISSIONER: Good. Are there any other difficulties, Mr Picone, that need to be brought to the attention of the Commission?

PN215

MR PICONE: Not to our knowledge, Commissioner.

PN216

THE COMMISSIONER: Good.

PN217

MR PICONE: The delegate is just doing what he has got to do and life just goes on.

PN218

THE COMMISSIONER: Very good.

PN219

MR PICONE: All right. Thank you.

PN220

THE COMMISSIONER: I am pleased to hear that. Mr Lambert, from your point of view are things okay at the Bus Lines from management's stand point?

PN221

MR LAMBERT: They are indeed, sir. I brought copies of the memo. I am not sure whether you wish to see those.

PN222

THE COMMISSIONER: I don't necessarily want to see them, Mr Lambert.

PN223

MR LAMBERT: No. But they did comply in terms of clarifying Mr Mitchell's appointment, indicating that he was an assistant yard supervisor, indicating clearly that he has the authority to direct employees in all aspects of their duties.

PN224

THE COMMISSIONER: Yes.

PN225

MR LAMBERT: And also reminding all employees about the existing company policies in relation to harassment and abuse and workplace bullying. There was also a final written warning issued to Mr Leonard which indicated the proceedings here and advised him again that the company had a policy in place and urged that him - well, didn't urge him, reminded him that continued performance of that type would result in his termination.

PN226

Sir, my advice is that the apology was done. There is no issue involving Mr Leonard in the workplace so we are not sure that we need the continued involvement of the Commission, sir.

PN227

THE COMMISSIONER: Good, thank you, Mr Lambert. In that case we will take action to close the file and of course if any other matters come up that require the assistance of the Commission in the future the parties can notify a fresh dispute to the Commission. Good. This matter is adjourned. Thank you very much.

ADJOURNED INDEFINITELY [10.06am]