AG2006/4, Transcript of Proceedings [2006] AIRCTrans 217 (27 February 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14187-1

COMMISSIONER WHELAN

AG2006/4

APPLICATION BY CAT CLUB PTY LTD T/A CHURCH STREET ENOTECA RESTAURANT
s.170LK - Agreement with employees (Division 2)
(AG2006/4)

MELBOURNE

12.15PM, THURSDAY, 09 FEBRUARY 2006

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

PN1

MR R TAPPOO: I seek leave to appear for the applicant in this matter and before you in Melbourne today is MR G VRAVNIK the employer representative and next to him is MS C BLACKWELL the employee representative.

PN2

THE COMMISSIONER: Thanks, Mr Tappoo. I have in relation to this application a copy of the agreement. I also have the statutory declaration that has been made by Mr Vravnik who is here today and that has a number of attachments which go to the information that was provided to the employees and the process by which the agreement was then voted upon by the employees.

PN3

I also received from you a copy of sample rosters for the business for a two week period which unfortunately included a public holiday when the business was closed so it was a bit difficult to get a clear picture of the normal roster operation. However I think that I have everything that should I have, is that right Mr Tappoo?

PN4

MR TAPPOO: Yes Commissioner.

PN5

THE COMMISSIONER: Okay then. All right. Well just a few questions in relation to the agreement. First of all if I can ask you in relation to the rosters how frequently are the rosters done, Mr Vravnik?

PN6

MR VRAVNIK: We have two rosters. We have the kitchen roster.

PN7

THE COMMISSIONER: Yes.

PN8

MR VRAVNIK: And a front house roster, so chef does one, I do the other one.

PN9

THE COMMISSIONER: Yes.

PN10

MR VRAVNIK: Generally they are done on the Monday or Tuesday of the week prior to the week coming up.

PN11

THE COMMISSIONER: Right.

PN12

MR VRAVNIK: So that's the norm. Monday/Tuesday.

PN13

THE COMMISSIONER: So they are done basically - - -

PN14

MR VRAVNIK: Eight days. Eight sort of days.

PN15

THE COMMISSIONER: Eight days. About eight days in advance. Okay and are they generally fairly consistent, the rosters, or a big variation?

PN16

MR VRAVNIK: They are most - we are only a small team and most of the kitchen they have a rotating roster so they all get alternate weekends off but they all know that sequence.

PN17

THE COMMISSIONER: Yes.

PN18

MR VRAVNIK: The only time their roster changes is like on a special event, like Valentines for instance, so they are pretty much all rostered on next Tuesday but then they get different days off.

PN19

THE COMMISSIONER: Yes.

PN20

MR VRAVNIK: Front house, most of the staff they sort of know what they are doing. It is all pretty much the same. The only times it varies is certain times of the year when they do exams because I have some students.

PN21

THE COMMISSIONER: Right.

PN22

MR VRAVNIK: And if say they want Saturday nights off because they have got commitments and - that's the only time it does vary otherwise it's pretty - they don't have a huge team so it's pretty consistent.

PN23

THE COMMISSIONER: Okay and the way that the staff in the kitchen operate is that they have every second weekend off, do they?

PN24

MR VRAVNIK: Well every third.

PN25

THE COMMISSIONER: Every third.

PN26

MR VRAVNIK: Pretty much it works out to one a month and then on 12th.

PN27

THE COMMISSIONER: Yes I understand it. Okay.

PN28

MR VRAVNIK: It depends on the size of the team.

PN29

THE COMMISSIONER: So they have got a regular system though where they get that time off.

PN30

MR VRAVNIK: Pretty much, yes.

PN31

THE COMMISSIONER: Okay. All right and the hours that any of the employees work is that basically sorted out with them when they start. How many hours they are likely to be available and how many hours - - -

PN32

MR VRAVNIK: Yes it's pretty much when we hire them or when I interview them.

PN33

THE COMMISSIONER: Yes.

PN34

MR VRAVNIK: Some only want 15 hours because it helps them at nights and some want more so I take a balance and obviously there is so much that needs to be covered.

PN35

THE COMMISSIONER: That's right, yes.

PN36

MR VRAVNIK: Shifts and then we work it out that way so most of them know what they are getting and some of them are really hungry because they have got to pay rent so they are the ones that we look after and the ones that don't want so many are on, you know, on a call basis so it works out fair for them.

PN37

THE COMMISSIONER: All right. Okay and it's a bit of a while ago now, Ms Blackwell, but do you remember getting a notice saying that the company was going to - wanted to make this agreement?

PN38

MS BLACKWELL: Yes we all got - the information was on our payslips for pay week so.

PN39

THE COMMISSIONER: Right. Okay and somebody went through the agreement with you?

PN40

MS BLACKWELL: Yes. Initially Greg sort of did a big explanation and then was available for follow up and it was posted on the notice board if we wanted to ask questions or.

PN41

THE COMMISSIONER: Okay and Mr Vravnik, did people ask questions?

PN42

MR VRAVNIK: Some did.

PN43

THE COMMISSIONER: Yes.

PN44

MR VRAVNIK: We've been under the AWA for a while so a lot of them understood that because we went through that when we first introduced that to the business.

PN45

THE COMMISSIONER: Right.

PN46

MR VRAVNIK: And then some of them asked me what is the difference between the two and we had a bit of a like a highlight, what the main difference between the two was and that's where they followed up on that one.

PN47

THE COMMISSIONER: Okay then. All right. I think the only other question I was going to ask is in relation to the dispute settlement procedure. It provides in the dispute settlement procedure that if a matter can't be resolved and it relates to the interpretation of the agreement that the employer and the employee may agree on the involvement of an impartial third party to assist them in reaching a mutually acceptable outcome. Who pays?

PN48

MR VRAVNIK: We do.

PN49

THE COMMISSIONER: The company does?

PN50

MR VRAVNIK: Yes. We will pay for that.

PN51

THE COMMISSIONER: Okay. All right.

PN52

MR VRAVNIK: Hope it never gets to that stage.

PN53

THE COMMISSIONER: I hope you don't get to that stage either but sometimes, you know, people can have one view of what it means and somebody else can have a different view and that, surprisingly, happens more frequently than you think.

PN54

MR VRAVNIK: Does happen.

PN55

THE COMMISSIONER: All right then. Okay. Thank you both. Mr Tappoo, is there anything you wanted to add?

PN56

MR TAPPOO: No. Nothing further, Commissioner.

PN57

THE COMMISSIONER: All right then. Thank you. All right well on the basis of the material that is before the Commission and having heard from Mr Vravnik and Ms Blackwell this afternoon I am satisfied that all of the requirements for certification of this agreement have been met and that I should proceed to therefore certify it. The date of certification will be today's date. In accordance with the terms of the agreement itself it will have a nominal expiry date three years from that date and I will issue certificates and you will receive a copy of those shortly. All right?

PN58

MS BLACKWELL: Thank you.

PN59

THE COMMISSIONER: Thank you very much.

<ADJOURNED INDEFINITELY [12.22PM]