AG2005/278, Transcript of Proceedings [2005] AIRCTrans 1426 (1 July 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11933-1

COMMISSIONER WHELAN

AG2005/278

APPLICATION BY TARRO FALLS PTY LTD T/AS LA CAMERA RESTAURANT
s.170LK - Agreement with employees (Division 2)
(AG2005/278)

MELBOURNE

10.08AM, MONDAY, 20 JUNE 2005

PN1

MR R TAPPOO: I seek leave to appear for the company today.

PN2

THE COMMISSIONER: Thanks, Mr Tappoo, leave is granted. Now, I think as a result of the correspondence between us, that we are no longer proceeding with the application so far as it relates to section 170XF. Is that correct?

PN3

MR TAPPOO: That is correct. That is now redundant.

PN4

THE COMMISSIONER: All right then. Okay. And you also addressed in the correspondence some of the issues that I had raised in correspondence with you concerning the operation of the agreement.

PN5

MR TAPPOO: Yes.

PN6

THE COMMISSIONER: Now, in relation to that, if I can just check one thing. I think you have responded to all of those questions. There was one thing that I wanted to ask and perhaps Mr Scidone or Ms Lipold could answer this question, given that they are both here. In relation to the hours of work, you indicated in your correspondence, Mr Tappoo, that the letter of appointment that is referred to into the agreement could specify what the arrangements would be in relation to the hours of work each week or each fortnight. I am just wondering whether that is the normal practice that when people are appointed that they do have a letter that says, well, normally your hours of work will be x per week or x per fortnight or something of that nature. Mr Scidone or Ms Lipold, can you answer that?

PN7

MR SCIDONE: I don't exactly understand what you are asking.

PN8

THE COMMISSIONER: Well, I am asking you, in this agreement it says that there will be, apart from the agreement, that each employee is provided with a letter when they start. When they start work they get a letter from the employer that says, you know, you have been appointed. Okay. And it does say that in the correspondence that I had with Mr Tappoo concerning this agreement, I asked about the issue of the hours of work because under this agreement there are no set hours of work. And in the correspondence back from Mr Tappoo, he said to me, arrangements regarding hours of work each week or each fortnight may be agreed on a person by person basis in each employee's separate letter of appointment. Now, I am asking you currently is it the practice that when somebody starts you give them a letter of appointment and it says, well, normally your hours of work will be these.

PN9

MR SCIDONE: But they can vary.

PN10

THE COMMISSIONER: But they can vary, yes.

PN11

MR SCIDONE: Yes.

PN12

THE COMMISSIONER: So is it normal practice that they get a letter saying that at the time?

PN13

MR SCIDONE: Only since the AWAs came into force.

PN14

THE COMMISSIONER: Okay. All right. But they do, since then people have been getting a letter when they start that says, you know, normally you will work these shifts or these hours or something of that nature.

PN15

MR SCIDONE: Correct but they understand that it can vary.

PN16

THE COMMISSIONER: Yes. I understand that it can vary but it does mean that they have some - - -

PN17

MR SCIDONE: Idea.

PN18

THE COMMISSIONER: Idea as to what their hours are likely to be.

PN19

MR SCIDONE: Correct.

PN20

THE COMMISSIONER: Okay. All right. And could I just ask Ms Lipold, are you a full time or a part time employee?

PN21

MS LIPOLD: Full time.

PN22

THE COMMISSIONER: You are full time. Okay. So - and are you working on just week days or do you work a seven day roster?

PN23

MS LIPOLD: I work week days and Saturdays.

PN24

THE COMMISSIONER: And Saturdays, okay, all right. And so you have fairly regular hours on those days?

PN25

MS LIPOLD: Yes.

PN26

THE COMMISSIONER: Okay. All right. And generally speaking, how much in advance are the rosters done at the moment?

PN27

MS LIPOLD: Two weeks.

PN28

THE COMMISSIONER: Two weeks are they? Okay, all right. Okay, thanks very much. Thanks, Mr Tappoo, do you have any other matters that you haven't addressed in the correspondence that you wanted to raise with me?

PN29

MR TAPPOO: No, Commissioner, there is nothing further at this stage unless you have got any further questions. I will be happy to address them.

PN30

THE COMMISSIONER: Okay. No, I think that I do have some questions in relation to the second agreement that you have but the terms of that one are slightly different from this one. So I think that they are the only questions that I had in relation to this agreement. All right. So is there anything else that you wanted to tell me, Mr Scidone or Ms Lipold? Can you tell me a little bit about the process by which the agreement was made?

PN31

MR SCIDONE: The original AWAs?

PN32

THE COMMISSIONER: No, I am talking about this one, this document.

PN33

MR SCIDONE: Which document?

PN34

THE COMMISSIONER: The one that I have in front of me which is called
the Tarro Falls Pty Ltd Certified Agreement 2005. I am presuming that you have seen it.

PN35

MR SCIDONE: Yes, yes, I have seen it.

PN36

THE COMMISSIONER: And I am presuming that the employees have seen it?

PN37

MR SCIDONE: Yes, Commissioner.

PN38

THE COMMISSIONER: Okay. So can you just tell me a little bit about how that document came about and how it was provided to the employees and what explanation was given to them about what it meant and those sorts of things?

PN39

MR SCIDONE: Sure. Through enterprise initiatives, they helped me out in regard to the process and any questions that I might have had with that. The staff were becoming aware of ads in the television and radio in regards to 1 January with all these new rules coming about in regard to federal awards and what have you.

PN40

THE COMMISSIONER: Yes.

PN41

MR SCIDONE: And I made it, you know, I suppose clear to them that with that coming in force that we would be putting contracts into place. I then spoke to Romit and Demitra there and went through the process of giving the staff the contract, which we discussed over maybe a couple of weeks in getting it to fruition. They then had 14 days to read it, go over it, ask me any questions. I had initially a meeting as a whole and then had individual meetings with individual staff members. We left the contract exposed on a notice board that we set up so that they had it to look at at any point in time. And it was just an open thing that they were able to come and ask me anything that was in that contract, you know. And I think we - any concern that the staff might have had we sort of answered.

PN42

THE COMMISSIONER: Okay.

PN43

MR SCIDONE: That probably why the 20 out of the 20 said okay to it. I then said to Romit that I was interested in the certified agreement so that, you know, staff members came on board it would be an easier process.

PN44

THE COMMISSIONER: Automatically apply, yes.

PN45

MR SCIDONE: Yes. And that was really it, I suppose.

PN46

THE COMMISSIONER: Okay. And did a number of the employees come and ask you questions or - - -

PN47

MR SCIDONE: Sure. I mean, you know, a lot of the staff have been there with me for quite a long time and it is a pretty open thing and they had a few concerns about this and I think we answered them pretty openly and had nothing really to hide.

PN48

THE COMMISSIONER: Okay. All right. And was that your experience, Ms Lipold?

PN49

MS LIPOLD: Yes, it was. Yes.

PN50

THE COMMISSIONER: Okay. All right. Thanks very much. I don't have any other questions. Is there any other matters that you want to raise in relation to what has just been put to me, Mr Tappoo?

PN51

MR TAPPOO: No, Commissioner.

PN52

THE COMMISSIONER: Okay then. All right. Thank you. Well, on the basis of the material that is before the Commission in relation to the process by which this agreement was made and on the basis that employees at the time that they are engaged will receive a letter of appointment which will indicate to them, in general terms, the likely hours of work, acknowledging that those may vary according to the needs of the operation, I am satisfied that the agreement should be certified. The date of certification will be 20 June 2005. In accordance with its own terms, this agreement will expire three years from that date and I will be providing you with copies of that certificate shortly. Okay? Thank you.

PN53

MR TAPPOO: Thank you.

<ADJOURNED INDEFINITELY [10.19AM]