C2004/6279, Transcript of Proceedings [2004] AIRCTrans 4966 (20 December 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Unit 13-14, Westlane Arcade, Darwin City Mall DARWIN NT 0800
(GPO Box 3544 DARWIN NT 0801) Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 1088

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

DEPUTY PRESIDENT LEARY

C2004/6279

TRANSPORT WORKERS UNION

and

DARWIN BUS SERVICE

Notification pursuant to section 99
of the Act of an industrial dispute

DARWIN

11.50 AM, THURSDAY, 9 DECEMBER 2004

PN1

THE DEPUTY PRESIDENT: Thank you. I will take appearances please for the purposes of the record.

PN2

MR I. GALLACHER: If the Commission pleases. I appear for the Transport Workers Union and with me is MR D. MAGREE, delegate for the Transport Workers Union at Darwin Bus service.

PN3

THE DEPUTY PRESIDENT: Thank you.

PN4

MS L. BLAIR: If the Commission pleases I appear on behalf of the Commissioner for Public Employment. I have with me today MR A. SINCLAIR, Senior Director of Transport with the Department of Infrastructure, Planning and Environment and also MR

PN5

W. HEATH who is the Acting Manager of the Darwin Bus Service with the Department of Infrastructure, Planning and Environment.

PN6

THE DEPUTY PRESIDENT: Thank you. This is a notification of a dispute by the TWU. The parties have spent some time in conference and wish to put on the record a procedure that is to be followed as part resolution of the dispute and hopefully in full resolution of the dispute. Mr Gallacher?

PN7

MR GALLACHER: Your Honour it would probably more appropriate for Tony Sinclair to - - -

PN8

THE DEPUTY PRESIDENT: He has got the notes has he?

PN9

MR GALLACHER: He has.

PN10

THE DEPUTY PRESIDENT: All right. Mr Sinclair would you like to put it.

PN11

MR A. SINCLAIR: If it is all right I will just read out the advice. Darwin Bus Service management has agreed to hold regular meetings with drivers and the union to consider driver concerns regarding run time issues. At the meetings Darwin Bus Service management will have available execulogue reports and any other relevant information. Where evidence supports the driver concerns Darwin Bus Service management undertakes to bring the matter to the attention of the Director, Public Transport Branch - - -

PN12

THE DEPUTY PRESIDENT: That is yourself?

PN13

MR SINCLAIR: No, it is not me.

PN14

THE DEPUTY PRESIDENT: No you?

PN15

MR SINCLAIR: The Director reports to me.

PN16

THE DEPUTY PRESIDENT: All right, so this is the - - -

PN17

MR SINCLAIR: No less frequently that twice a year which coincides with the timetable. Detailed documentation of the process will be drawn up for the signatures of drivers, representatives of the union, PTB and Darwin Bus Service management.

PN18

THE DEPUTY PRESIDENT: All right. You do not want to add anything else?

PN19

MS BLAIR: Your Honour, just that any response obtained back from the PTB, Darwin Bus Service Management undertakes to ensure it goes back to the drivers and particular the driver concerned who lodged the concern.

PN20

THE DEPUTY PRESIDENT: All right. I presume what you are saying is that when PTB review whatever it is that is put before them they issue some response which includes reasons for either rejecting or agreeing what is proposed. Is that the sort of process?

PN21

MS BLAIR: That is right.

PN22

THE DEPUTY PRESIDENT: That sounds good. And that will be communicated to the drivers. Mr Gallacher did you want to put anything else on the record. Do you agree with the process as outlined.

PN23

MR GALLACHER: Your Honour, yes, the Transport Workers Union agrees with the processes outlined, that is that we will look at the document put forward for our signature before we actually do sign off on it.

PN24

THE DEPUTY PRESIDENT: Yes.

PN25

MR GALLACHER: But we are more than hopeful it will be the resolution to the matter providing that appropriate timetables are given for responses and whatnot. We would like to put on the record that should this document be signed and agreed to and the process go down, should any party choose to disregard this resolution that we come to we will vigorously pursue this particular matter through the Commission and through any other means that we can. We think it is a very serious matter. We think that in the past our concerns may not have been dealt with appropriately and we are hopeful that this time around this process put in place will actually deal with our concerns appropriately.

PN26

THE DEPUTY PRESIDENT: Good. It appears to me that it is a promising sign, this process in place that all the parties are committed to and I am sure it shall be followed, but if there is a falling by the wayside by anybody or either party the dispute can be re-listed on notification. On that basis the process is now on the record and the transcript will be available and will spell out what it is that you have agreed to follow and I hope that it works well. Unless there is anything else that anyone wants to put on the record we will adjourn the proceedings.

ADJOURNED INDEFINITELY [11.57AM]