C2006/1759, Transcript of Proceedings [2006] AIRCTrans 335 (14 March 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14292-1

COMMISSIONER ROBERTS

C2006/1759

AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION, THE
AND
OSI INTERNATIONAL FOODS (AUSTRALIA) PTY LTD
s.99 - Notification of an industrial dispute
(C2006/1759)

SYDNEY

2.45PM, TUESDAY, 21 FEBRUARY 2006

Continued from 15/2/2006

Hearing continuing

PN1

THE COMMISSIONER: Good afternoon. Who wishes to report to me first?

PN2

MS FERNANDEZ: Since it was our application I’ll report back. A meeting was finally held at the workplace yesterday however, I’m pleased to report that the signs that were shown to us yesterday seem to point in the direction that we were seeking. That is that after some consultation with the workers and I’m hopefully pleased to announce that Mr Saunderson who’s here today who’s been the new - Plant Manager would you say?

PN3

MR SAUNDERSON: Production Manager.

PN4

MS FERNANDEZ: Production Manager, seems to have the right attitude towards consultation with the workers.

PN5

THE COMMISSIONER: So he meets with your approval.

PN6

MS FERNANDEZ: And after some consultation with the workers it looks as though that the workers have been to the best at this present moment in time, have been kept to their breaks and they have been given a roster and I’ve had a look at a whole week of rosters and you know, a big majority of the workers have been accommodated to a fixed break. They will stay on that for the whole week at this present moment in the time and the company has given us an undertaking that there’ll only be movements you know at a minimal, you know minimal change if there’s a need to change. So we’re quietly confident that we are hopefully heading in the right direction.

PN7

I had the opportunity to talk to the workers yesterday and canvass their views and they were quite happy to trial this system. I asked the company yesterday what you know they thought, they said probably about two week trial then a further review with the workers. So I guess on that basis we would probably ask that if you know, I’m more than happy to give the company a whole month to trial this new system and try and iron out any problems in consultation with the workers and myself and maybe a report back before you in around about a months time to see - to make sure that hopefully this issue has been resolved.

PN8

THE COMMISSIONER: That’s much better than I expected Ms Fernandez, that’s good.

PN9

MS FERNANDEZ: Thank you Commissioner.

PN10

THE COMMISSIONER: Provided Mr Burke confirms what you’ve said.

PN11

MR BURKE: I’d hate to not confirm that.

PN12

THE COMMISSIONER: So would I. Right that’s it. A report back in a month, agreeable to both sides?

PN13

MR BURKE: Commissioner, that’s fine perhaps - obviously it’s the AMIUs matter and it’s at their discretion to pursue that or not pursue that at the time and if there was not need for it maybe there could be a verbal report back to the Commission, or both parties could confirm that the matter is progressing and the matter could stay open for a period of time. My point Commissioner, is that I'm not sure - and it's certainly not open to - if we didn’t need to come in - - -

PN14

THE COMMISSIONER: Absolutely.

PN15

MR BURKE: - - - then we wouldn't probably come in.

PN16

THE COMMISSIONER: That could have been done today in my view as well but the parties have chosen to turn up. If I receive correspondence from one side copied to the other setting out matters, and they are not is dispute as to how the parties have resolved the matter, or how they're progressing it, there is no need to travel the great distance that you do we'll just have a short report back. Unless one side wants it and then that's okay but I travel a lot shorter distance than you do.

PN17

MS FERNANDEZ: As I said, this was only delivered to us yesterday and I said we are quietly and cautiously confident that you know, we are all hopefully on the same page and heading in the right direction. But I also want to you know, to be fair to the workers, I want the company to understand that this was a serious issue, we want the company to continue to take it seriously. Therefore if we could have a report back even, you know the company don’t really have to turn up if they don’t want, but I would like to be able to come here and say yes, it is all going well, or no Commissioner we require your assistance for a little bit longer on this matter, because I would hate to remove the pressure of making sure that the consultation happens and that the right thing in accordance with the workers and the staggering of breaks continues.

PN18

THE COMMISSIONER: All right. Well if one party wants to come here I will accommodate that party. I suggest that we have a further report back at 10.30, Wednesday, 8 March 2006. Is that acceptable to both sides?

PN19

MS FERNANDEZ: Sorry commissioner, I am due to be in Bega on that day.

PN20

THE COMMISSIONER: The day before, the 7th?

PN21

MS FERNANDEZ: No. On the Monday I'm in the Commission in Goldbourn.

PN22

THE COMMISSIONER: What about the 10th?

PN23

MS FERNANDEZ: Then I'm taking the opportunity to drive to Bega, yes the 10th is fine.

PN24

THE COMMISSIONER: Friday the 10th Mr Burke?

PN25

MR BURKE: Yes Commissioner.

PN26

THE COMMISSIONER: The report back will now be at 10.30 am, Friday,
10 March 2006. If the parties have nothing further to address me on we're adjourned.

<ADJOURNED UNTIL FRIDAY 10 MARCH 2006 [2.50PM]