C2004/1596, Transcript of Proceedings [2004] AIRCTrans 601 (13 February 2004)

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TRANSCRIPT OF PROCEEDINGS


O/N 10799

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER SMITH

C2004/1596

DEPARTMENT OF JUSTICE

and

CPSU SPSF GROUP

Notification pursuant to section 99 of the Act
of a dispute re Occupational Category Review

MELBOURNE

9.00 AM, WEDNESDAY, 4 FEBRUARY 2004

Continued from 30.1.2004

PN35

THE COMMISSIONER: I have listed this matter to hear from the parties as to whether they think conciliation is at an end on my aspect of the dispute. Ms Le Noury-Mees.

PN36

MS LE NOURY-MEES: If the Commission pleases, as you have said, the last time this matter came before you, you asked us to consider whether conciliation in relation to the occupational specific classification was at an end. Whilst there has been a claim for an occupational structure by the prison officers around for an extended period of time, over 12 months, during that time the central negotiations on the classification structure hadn't concluded. The structure itself hadn't been finalised. The dollar to work value levels had not been set, and the grade and value range descriptors which set the work value for each of the levels hadn't been finalised.

PN37

As you are aware, these were finalised on 31 October when you handed your exceptional matters order.

PN38

THE COMMISSIONER: Yes.

PN39

MS LE NOURY-MEES: Therefore, until that time the parties really haven't been able to engage in any meaningful discussions in relation to the classification structure for prison officers. The parties were really waiting for the central structure to be set and therefore you can determine whether or not that structure is applicable, or not. So, whilst there have been discussions between the prison officers' group and the department subsequent to 1 November, these negotiations haven't been extensive, and I don't think, and the department's view is that the opportunity for discussion hasn't been exhausted, that there certainly is an opportunity for the parties to enter into further negotiations over an occupational classification structure for the prison officers, taking into account all of the principles that were set in the exceptional matters order.

PN40

Further, in relation to this, Commissioner, there is a proposal that has been developed and is currently being considered at the higher levels of government and in formulating this proposal and seeking approval of proposals to put the current industrial action I must say is not assisting that process in any way and is making it more difficult. The department believes that it will be - that those discussions should be finalised in the next day or so. In relation to the industrial action, Commissioner, the industrial action is very serious. It is creating tensions throughout the prison system.

PN41

The weekend is looming, and that is going to be a time where obviously the tensions are going to build even higher. Also it should be noted that prisoners who are currently eligible for consideration for release are not able to be brought before the Parole Board, which is heightening the tensions in the prison system, and we would once again be seeking assistance in having the bans lifted to enable further discussions to continue between the department and the CPSU in relation to the career structure, but in summarising, Commissioner, the department doesn't believe that the opportunities to pursue this matter have come to an end.

PN42

The parties haven't fully explored any options. They haven't considered, they haven't sat down and had discussions about the work value, the merits of the relative offers that may or may not have been put, and I think that this should certainly occur before any matter proceeds to arbitration.

PN43

THE COMMISSIONER: Now, what did you say about the bans? You are inviting the union to list the bans.

PN44

MS LE NOURY-MEES: Yes.

PN45

THE COMMISSIONER: Thank you. Mr Ewer.

PN46

MR EWER: Commissioner, I am frankly mystified. I think I should be up on Mars with one of those little robots, because frankly I don't know what I am doing here. On Friday we gave the Crown the basis of an interim understanding that could move this matter forward, and in conciliation, as you will recall, that proposal on our part was rejected. We waited until Wednesday to hear from the Crown that they are considering a position, but yet come into this place and say that the industrial action is of a serious nature and the sky is about to fall in.

PN47

So, frankly, as I say, I am not sure exactly what it is that the Crown is putting to us. We had - - -

PN48

THE COMMISSIONER: Well, the industrial action doesn't relate to this category review. It relates to the central negotiations, doesn't it?

PN49

MR EWER: Well, we say that following the Crown's submissions on 28 October that the issues are joined by the Government's wages policy.

PN50

THE COMMISSIONER: Well, from my point of view they should not be. There should not be industrial action about the category review. From my point of view the parties have committed themselves in advance to conciliation and consent arbitration, and there is no need for anybody to exert economic pressure. If you have got industrial action about the central negotiations that is a matter for you, it is a matter for the union, it is a matter for bargaining with the Victorian Government. The category review should not put industrial heat on the community.

PN51

MR EWER: We would be happy to hear what the Crown has got to say in conciliation, Commissioner.

PN52

THE COMMISSIONER: Sure. Ms Le Noury-Mees, are you content to go into conciliation further about this matter?

PN53

MS LE NOURY-MEES: Given my - yes, we are happy to talk, but - - -

PN54

THE COMMISSIONER: You can't reveal anything. I understand. Well, we will make one further effort to see whether or not there is any likely prospect of further agreement, so I will now formally adjourn into conference and only those directly involved can remain, thank you.

SHORT ADJOURNMENT [9.07am]

NO FURTHER PROCEEDINGS RECORDED