C2005/2424, Transcript of Proceedings [2005] AIRCTrans 719 (22 March 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10876

COMMISSIONER SMITH

C2005/2424

s.127(2) - appln to stop or prevent industrial action

Health Services Union of Australia
and
Eventide Mercy Hostel
(C2005/2424)
Health and Allied Services - Private Sector - Victoria Consolidated Award 1998

MELBOURNE

9.58AM, FRIDAY, 11 MARCH 2005

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

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<EXTRACT OF TRANSCRIPT OF PROCEEDINGS [11.25AM]

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PN1

THE COMMISSIONER: I have conferred with the parties arising from that conference. I am advised that Eventide Mercy Hostel will be not be notifying a proposed change of shift until 11 April 2005. The parties will further negotiate the proposed roster changes having regard to the following guiding principles.

PN2

Firstly, with the intent that there should be no or negligible loss of hours per fortnight. Secondly, that work load will be examined and monitored. Thirdly, the roster will have regard to family responsibilities. Fourthly, it is not the intention to reduce roles and responsibilities. And finally, the cost impact must be within the constraints imposed upon the employer.

PN3

I am further advised that the union has undertaken to provide to the employer by close of business 17 March a proposed alternative roster. That would permit further meetings to take place and an exchange of views between parties, so that the meeting scheduled for 22 March can bring to an end the discussions. The parties have indicated that they will report back to the Commission, and to that extent, given that this matter was initially before Commissioner Cribb, but because of her unavailability I listed the matter urgently as a section 127 application, they should contact her office, and I will advise her accordingly that the parties will be contacting her.

PN4

MR DJONEFF: Commissioner, there is a point of clarification. I suffer from the same thought process or mindset that Mr Pargeter was suffering from when he was reviewed.

PN5

THE COMMISSIONER: You had better get out more often.

PN6

MR DJONEFF: I look forward to it actually. It's the intention of the Mercy Healthcare Group that the roster that was referred to in relation to the 11th, takes effect from the 11th. That was, in fact, the intention of the Commissioner.

PN7

THE COMMISSIONER: I am sorry.

PN8

MR DJONEFF: Which would require, technically speaking, a posting of it two weeks prior to that, but that would be at a date after we have gone to Commissioner Cribb.

PN9

THE COMMISSIONER: Yes, thank you for that clarification. The issue being that during this period of discussion no new roster will be posted.

PN10

MR DJONEFF: Correct.

<END OF EXTRACT [11.28AM]