C2005/2606, Transcript of Proceedings [2005] AIRCTrans 1005 (27 April 2005)

TRANSCRIPT OF PROCEEDINGS

---

Workplace Relations Act 1996 11320-1

COMMISSIONER CARGILL

C2005/2606

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
AND
LINFOX AUSTRALIA PTY LTD
s.99 - Notification of an industrial dispute
(C2005/2606)

SYDNEY

1.58PM, MONDAY, 11 APRIL 2005

Continued from 4/4/2005

PN36

THE COMMISSIONER: Mr Davies, I think you, or your divisional branch secretary at least, indicated you wanted the matter on transcript this afternoon, you wanted to put some matters on the record. So you can go ahead and - - - .

PN37

MR P DAVIES: Very briefly, Commissioner. And a change of appearances. I appear for the CFMEU. Commissioner, thank you for providing the report in this afternoon. Since the matter was last before the Commission, the CFMEU reported back to the three affected members on Wednesday 6 April. Two of those members, Mr Peter Moss and Mr Bruce Palmer, were left with little choice but to agree to the 6 am start, which provides for a 2.30 pm finish. The company agreed to an implementation date of Monday 18 April 2005 for those two gentlemen. The last person, Mr Chris Baharga, the company has agreed to a 6 am start with a 2 pm finish for a four week period. His wife is currently seeking to change her hours of employment to fit in. The members wish the union to place a few things on record, Commissioner, and that's one of the reasons why I asked for the recorders.

PN38

The employees are appalled at the way Linfox has treated them in this matter. They are all long-serving employees with a total of 45 years of skill and knowledge. They have always been flexible, they have structured their family lives around the company. They never seek the penalty payment for working outside the spread of hours. For all that, the thanks these employees receive, is, change your hours, uproot your family lives, and if you don't like, it you can leave. The company now has concerns that the employees' attitude has changed, and morale is low. If the Commission pleases.

PN39

THE COMMISSIONER: Thank you, Mr Davies. Mr Smith, did you want to put anything on record? I am just wondering whether perhaps you could just confirm that those arrangements were the ones that, I gather, were agreed to by the company?

PN40

MR DAVIES: Commissioner, it has quite shocked me, the statement. I was unaware that there would be a statement made as such, and I think it does require some response. I think, from the Linfox point of view, we would prefer to go back into a conference situation. It is my understanding that, yes, both Mr Moss and Mr Palmer have - as a result of the last time the matter was before you, the CFMEU has gone and spoken to the individuals, the three individuals, and, I think, given an appraisal of what was discussed in conference when we were last before you. Certainly, it is not my understanding that there has been the agreement made with the third employee, Mr Baharga. Certainly it is my instructions that we were prepared to look into that matter and I understood that that was going to be one of the things that we would be further discussing here today.

PN41

So I can confirm that the first two employees have agreed and will be commencing as of 18 April, the shifts as said by Mr Davies. Certainly, my instructions are that we still require the third employee, Mr Baharga, to do the same. However, we have said that we would consider that and I am still prepared to look at that in conference here today. I am concerned at some of the statements Mr Davies has made that employees are appalled. I think we have, at all times, consulted employees. We do recognise the level of experience that these employees have and we certainly value their input into Linfox Australia, however, client demands do change from time to time, the building industry, as we explained last time, is certainly slowing down, and it does require from time to time, slight variations in the working arrangements to fit both industry and client needs. We would say that by doing this it probably puts these individuals and the workforce, at this site in general, in a stronger position to enhance the lives of the employees and their families moving forward in the longer term, as opposed to the short term requirements that some of them may have experience difficulty with.

PN42

The other thing we would say is that, I think just about every member of society has family and outside requirements and predicaments that they have to fit their working, social and rest times around, and I don't think these three employees are any different to the rest of the bulk of society. Commissioner, I plan to put nothing more on transcript at this stage but certainly to seek your indulgence if you have time available and are willing to do so, to go off record and just chair a conference and see if we can't find some common ground with regard to Mr Baharga. If it please the Commission.

PN43

THE COMMISSIONER: Mr Davies?

PN44

MR DAVIES: We would also like the Commission to chair a conference and see if we can appease this impasse, Commissioner. If the Commission pleases.

PN45

THE COMMISSIONER: All right. We will go off the record.

OFF THE RECORD
<NO FURTHER PROCEEDINGS RECORDED