C2006/60, Transcript of Proceedings [2006] AIRCTrans 368 (16 March 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14383-1

COMMISSIONER TOLLEY

C2006/60

TRANSPORT WORKERS’ UNION OF AUSTRALIA
AND
AMEZDROZ & SON PTY LTD T/AS WETTENHALLS GROUP
s.99 - Notification of an industrial dispute
(C2006/60)

MELBOURNE

10.20AM, THURSDAY, 02 MARCH 2006

PN1

MR B DUNN: I appear for the Transport Workers Union.

PN2

THE COMMISSIONER: The Commission has tried to contact the respondent company and I might add that the Commission listed the matter for this day at this time at the request of the company. It has been informed that the person who represents the company is unable to be found and is not in the body of the Commission, something which causes the Commission some concern. Mr Hunt, sorry, Mr Dunn, you can outline the Commission's concerns and I'll do what I can, but they're not here. Mr Dunn?

PN3

MR DUNN: Thank you, Commissioner. We have a driver that works out at Wettenhalls bay, his name is Michael Baillet. On occasions, he starts at 6 o'clock, delivering bricks, 6 am, and he has been asked to work 14, 15, and 16 hours per day. He came to us, saying it was too long a day, under the local driving rules you can only drive for 12 hours and work another two hours, which is 14 hours per day. They are the regulations under Vic Roads. The company is also saying to Michael that if he doesn't want to work those longer hours then he should go and look for another job.

PN4

He has now been taken off the bricks and he has been given a job on general freight, which now he's starting at seven and eight o'clock, they keep swapping his hours of work on a daily basis, because he won't conform to their requests of working longer days. I thought it might have been a good idea to come into the Commission to let the company put on transcript that they don't actually enforce longer hours in driving hours so we can actually - because, if I go out there and ask Brett Hayes, the human resources manager, and we have a manager called Peter Cameron, the depot manager out there at Bayswater, he is stating to these people if they do not work longer hours then they should go and find another job.

PN5

In this day and age I think that the fatigue and whatever else is going on out on the road, and people dying on the road because of fatigue, that it shouldn't have to come to being pushed. Michael has now gone to the doctor's, yesterday, Monday, sorry, Tuesday, and has asked the doctor to give him some time off, because he feels that he's been threatened at work and in a way that has put him under a lot of strain at home and at work. The doctor has given him off until Monday next week and he has to go back to the doctor at 3 o'clock. The company aren't fixing the trucks, which is putting all these guys under a lot of pressure.

PN6

I just wanted to come to the Commission today to be able to get something from the company where we would be able to get on transcript where they wouldn't enforce longer hours, and to be able to ask the question.

PN7

THE COMMISSIONER: Yes, thank you. Mr Dunn, has Vic Roads been informed of these problems?

PN8

MR DUNN: Not by me, Commissioner, but by others. At this stage, if I'm allowed to, Commissioner, I'll just leave it at that.

PN9

THE COMMISSIONER: All right, well, the employer is not here and we have received no reasons as to why they aren't here. However, if what Mr Dunn says is correct, and I have no reason to doubt his word, because he has always been a person of credit in his appearances at this place, I strongly recommend that
Mr Dunn contact Vic Roads on behalf of their employees as a general complaint. Further, that if persons are being disadvantaged because of their refusal to break the maximum driving hours without breaks, the matter should be referred also to the Department of Workplace Relations, because they are breaching the award. There's nothing else I can do, I'd just ask that recommendation be produced quickly and we will send it to you.

PN10

MR DUNN: Thank you, Commissioner.

PN11

THE COMMISSIONER: All right, thanks very much, the matter is adjourned.

<ADJOURNED ACCORDINGLY [10.25AM]