C2006/3949, Transcript of Proceedings [2006] AIRCTrans 1341 (28 December 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 16300-1

COMMISSIONER SMITH

C2006/3949

FINANCE SECTOR UNION OF AUSTRALIA
AND
NATIONAL AUSTRALIA BANK LIMITED
s.170LW -prereform Act - Appl’n for settlement of dispute (certified agreement)
(C2006/3949)

MELBOURNE

3.35PM, THURSDAY, 14 DECEMBER 2006

Continued from 12/12/2006

Hearing continuing

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA VIDEO CONFERENCE AND RECORDED IN MELBOURNE

PN51

THE COMMISSIONER: Who is the bringer of good news? Mr Skene?

PN52

MR SKENE: Yes, Commissioner. Well, we wish to report the progress to date and the details of an agreed position reached by the parties with your assistance on Tuesday that has since been documented. Perhaps, if I could just start by handing to you a letter and an attachment.

EXHIBIT #S1 - LETTER AND ATTACHMENT

PN53

MR SKENE: Thank you, Commissioner. As you are aware, the purpose of the agreement reached by the parties is to ensure that any consultation obligations and other obligations under the NAB Enterprise Agreement are satisfied prior to any transition by NAB from the state schemes to the ComCare scheme. The letter I've handed up confirms the basis upon which this proceeding before you has been resolved by the parties, and the terms of an agreed position. As you'll see, the letter advises that all parties to the dispute acknowledge the central importance of consultation with employees and stake holders, prior to any decision by the NAB to commence operation under the licence issued by the SRC Commission.

PN54

If you go over the page, you'll see the consultation proposal is then set out. The terms of the proposal, essentially, are as follows. You'll see that the subject matter of the consultation, three things there, is set out under the second heading. And importantly, what we then set out in the agreement is a series of steps that will be taken to enable consultation to occur, and views to be shared at various levels of the NAB's business, including with the FSU, with OH&S committees, through joint consultative committees and also, importantly, directly with employees. I should indicate that it's agreed by the parties that the views of employees and unions that are identified during that process will be taken into account by the NAB in assessing any transition to the ComCare scheme, and if so, on what terms.

PN55

The next section of the document sets out an initial list of concerns that have been the subject of some discussions between the FSU and the company. That's not an exhaustive list and the FSU is - a first stage of the process is continuing to prepare its list, and will provide that to the NAB from, we expect, over the next week. It's contemplated that this will be an active process, and there'll be fortnightly review meetings between the parties, between now and March, to enable consultation to occur and also to be tracked. And the parties retain an option to refer any concerns that are raised during that process to the Commission, subject to your convenience, for your assistance, if need be. Consistent with the terms of its licence, NAB gives a commitment that it will not commence operation under the ComCare scheme until these consultation steps are taken, and this will not occur before 1 April 2007.

PN56

Now, the FSU intends to communicate the agreed process to its members, and also, information that's been provided about the differences and benefits between the state schemes and ComCare. Finally, NAB has undertaken that if transition to ComCare occurs, then, for a transition period after any such transition, if an individual is substantially disadvantaged with regard to their benefits on a global basis, then NAB will review the individual circumstances of the claimant. Now, the FSU has indicated that it seeks to consult with NAB about the duration of that transition period, and that will occur as part of the process as well.

PN57

So, I think that's a summary of the deal, Commissioner. On the basis of that agreed position, we seek to adjourn this proceeding to a date convenient to you in January - and we're thinking at this stage, the last week of January, if you can do that - as an initial touchstone on where we've got to in the meantime, and it's hoped that by that time, there'll be a fixed agenda of what there is that we're talking about, and hopefully we'll have started working through some of the issues. So, that's what is to be put on the record by my side of the table. I understand there's some things that Mr Whyburn wishes to say as well.

PN58

THE COMMISSIONER: Mr Whyburn, please remain seated.

PN59

MR WHYBURN: Thank you, Commissioner. If I could just put on the record the following, that the FSU can confirm that the parties have arrived at a consultation agreement in the terms of the document, S1, which has just been handed to you. The purpose - which is to ensure that consultation obligations under the NAB Enterprise Agreement 2006-2009 are satisfied. And it is noted, that in the framework of these discussions, the parties have agreed that other obligations that may arise under the terms of that agreement will also be met. The FSU confirms that yesterday the bank lodged with the Safety Rehabilitation Compensation Commission a copy of the Consultation Agreement, together with a letter stating that all parties to the dispute acknowledge the central importance of consultation with employees and stake holders, prior to any decision by the bank to commence operation under the licence issued by the SRC Commission.

PN60

It is noted that NAB also agree that in relation to the review mechanism, which is specified in the Consultation Agreement, there will be fortnightly review meetings with FSU to ensure that consultation is taking place effectively, and that there is the option of referral to this Commission of any issues which may arise. And also that NAB will, in February, confirm its position regarding the taking up of the licence granted, yesterday, by the SRC Commission, and there will be no move by the bank to implement the ComCare system before 1 April 2007. It is noted, also, that NAB has agreed to give the following undertaking, in addition to those matters identified in the consultation agreement. Namely, that if transition does occur, and an individual is substantially disadvantaged with regard to their benefits on a global basis, then NAB will review the individual circumstances of the claimant. And as has been said, the parties are yet to agree on the time period for this review process to take place, and the FSU will require further consultation with its members on this issue.

PN61

And finally, Commissioner, the FSU agrees to communicate the agreed consultation process to members, including that the undertakings regarding the review process that have been given, the information which is to be provided by NAB about differences and benefits between state OH&S legislation and ComCare, and the feedback from employees will be taken into account. Commissioner, the FSU agrees that the dispute notification, which is the subject of today's hearing, should be re-listed, and at your convenience, we would also agree that the last week in January 2007 would be an appropriate time. Thank you, Commissioner.

PN62

THE COMMISSIONER: Thank you. Well, we should as best we can, try and avoid the Australia Day public holiday, shouldn't we?

PN63

MR WHYBURN: We hope, Commissioner.

PN64

THE COMMISSIONER: Why don't I do it on Tuesday the 30th? I'll just list it formally for Tuesday the 30th for report back, but can I leave it on this basis, that if at any stage the parties believe that a quick conference could assist them over a particular matter, that can be called on at short notice and at any time?

PN65

MR WHYBURN: Yes, thank you, Commissioner.

PN66

THE COMMISSIONER: It's just that it might be better if there's a speed hump, if we can get over that as quickly as possible, so that it doesn't interfere with the ongoing relationship and the discussions that were going on. So, if there's anything like that, just let me know and we can convene very quickly. All right.

PN67

MR WHYBURN: Thank you Commissioner.

PN68

THE COMMISSIONER: Yes, Mr Whyburn.

PN69

MR WHYBURN: Can I just say, before you adjourn, thank you very much to you and your staff, particularly for dealing with the matter at short notice, as you have done. Thank you.

PN70

THE COMMISSIONER: We'll formally adjourn until 10 o'clock on 30 January, and given that I probably won't see you again, may I wish you all the compliments of the seasons and a safe return to us in the new year. The matter is adjourned.

<ADJOURNED UNTIL TUESDAY 30 JANUARY 2007 [3.46PM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #S1 - LETTER AND ATTACHMENT PN52