C2006/3729, Transcript of Proceedings [2006] AIRCTrans 1272 (6 December 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 16172-1

COMMISSIONER GAY

C2006/3729

PACCAR AUSTRALIA PTY LTD
AND
AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
s.496(1) - Appl’n for order against industrial action (federal system).
(C2006/3729)

MELBOURNE

10.04AM, WEDNESDAY, 22 NOVEMBER 2006
EXTRACT OF TRANSCRIPT OF PROCEEDINGS

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PN1

THE COMMISSIONER: Well, the time recorded on the transcript will reflect the amount of time this morning and this afternoon that's been spent in a series of conferences to earnestly address the issues that are thrown up by this application and I'm not going to go through the detail of those conferences, except to say that they have been fruitful. The parties have participated earnestly to see if there is some common ground and there is, I'm pleased to say, a basis which would see the application not proceeded with today in C2006/3729 and I am in a position of identifying and, indeed, recommending what it is that the parties have so closely discussed.

PN2

My recommendation is that PACCAR, the AMWU and employees of PACCAR at the Bayswater site accept and apply the following arrangement, (1) that a paid delegation of 11 employees to be constituted by an employee from appropriate representative departments inclusive of the three delegates be allowed by PACCAR to attend the 30 November 2006 rally, (2) that PACCAR authorise the 11 employees referred to to not attend work on 30 November 2006 and they'll pay the 11 employees for that day. It becomes authorised leave; (3) that the parties regard this arrangement as not having the status of being precedental in respect of any issues. The parties will not rely upon this arrangement in respect to any future issues; (4) that a lunch time meeting of AMWU members on 29 November 2006 not occur; (5) that PACCAR authorise a paid meeting commencing at 11.40 am on Friday, 24 November 2006 for the purpose of the AMWU delegates reporting this recommendation to employees and, (6) that employees other than those on the paid delegation of 11 November attend work as normal on 30 November subject to any lawful leave or authorised absence from work.

PN3

I have got no reticence in identifying with that arrangement. It will see normal work and, indeed, the full quota of work being performed on that day other than for the group who will be on authorised leave for that day. That arrangement represents common sense and industrial good sense in the circumstances that otherwise would apply. In the event that there is any reason for the Commission to further address this issue in respect of PACCAR, it will be necessary for an application to be made from either side and it will be given swift attention. A copy of this recommendation will be forwarded to the parties in due course. Thank you, gentlemen. Yes, Mr Rondinelli.

PN4

MR RONDINELLI: Sorry, just one final thing. I think the transcript will record that in that recommendation you made reference to - point number 6, you made reference to a date of 11 November and I believe that date is not correct.

PN5

THE COMMISSIONER: Sorry, paid delegation of 11 attend work as normal on 30 November, it should have read, subject to any lawful leave or authorised absence from work.

PN6

MR RONDINELLI: And if the transcript could record that. Thank you.

PN7

THE COMMISSIONER: Yes.

PN8

MR FAROUQUE: Commissioner, just one further matter. You referred to leave I think at (2) in discussions between the parties in the course of a conference. It was I think common that that leave would not be regarded as annual leave or anything of that nature. It would just be a paid day so to speak in addition to whatever other leave is - - -

PN9

THE COMMISSIONER: It's an authorised absence and becomes - - -

PN10

MR FAROUQUE: Yes, paid.

PN11

THE COMMISSIONER: Yes, it's very special leave. It's an authorised absence and pay will not be deducted, although work won't be required on the day. The Commission now adjourns sine die.

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