C2005/110, Transcript of Proceedings [2005] AIRCTrans 1312 (10 June 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11742-1

COMMISSIONER BLAIR

C2005/110

TIMBERTRUSS GEELONG PTY LTD
AND
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
s.170LW - Application for settlement of dispute (certification of agreement)
(C2005/110)

MELBOURNE

9.58AM, TUESDAY, 31 MAY 2005

Continued from 10/5/2005

PN1

THE COMMISSIONER: In regards to this matter which is C number 2005110 which was an application by the CFMEU, the matter has been brought back on to deal with the issue of Mr Luke Gill who, since the matter was last dealt with by the Commission, has received final orders in regards to the visitation rights to his son. Mr Gill was transferred from afternoon shift to day shift due to a number of absentee problems. Arising from a conference this morning, the Commission does thank the parties for their cooperation in being able to, what I believe is a reasonable outcome in terms of accommodating Mr Gill and the visitation rights to his son. It is my understanding that the parties have agreed that Mr Gill will go back to afternoon shift commencing - - -

PN2

MR MAY: Do you want to do it tonight or tomorrow? It's up to you.

PN3

MR GILL: Look, Tuesday, or there is tomorrow. Do you want to start it tomorrow?

PN4

THE COMMISSIONER: Wednesday.

PN5

MR MAY: So that would be 1 June.

PN6

MR GILL: That would be good.

PN7

THE COMMISSIONER: All right. Mr Gill will commence afternoon shift on 1 June 2005. The third and final warning that the company wishes to issue Mr Gill is to remain in place for a period of three months. If, during that period of three months, Mr Gill is late or recognises that he is going to be late he is to contact the company immediately to advise them that he will be late for attending the afternoon shift. If he is required to take his son or attend to a doctor for his own use, he is required to provide a doctor's certificate. If, during that three month period, there is to be a court appearance in regards to the Family Court he is to provide at least one week's notice to the company of the date of the court appearance. Or if it is called on urgently where he is not able to provide one week's notice then he is to provide some form of proof that the matter has been called on urgently.

PN8

If at the end of the three months Mr Gill maintains a good attendance record in line with what the Commission has determined above or the parties have agreed to above, then the final warning will be removed. If, however, if the final warning is removed and Mr Gill reverts back to what the company has alleged to be not a good attendance record then the third and final warning will be reissued. Is that okay? Do the parties understand that? And that is the agreed position, is that right Mr McCrone?

PN9

MR McCRONE: Yes, Commissioner.

PN10

THE COMMISSIONER: And is that right, Ms Watt?

PN11

MS WATT: Yes, Commissioner.

PN12

THE COMMISSIONER: Okay. Good. The Commission does thank the parties for their cooperation and the Commission will stand adjourned. Thank you very much.

<ADJOURNED INDEFINITELY [10.01AM]