DR2006/176, Transcript of Proceedings [2006] AIRCTrans 669 (21 April 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14819-1

COMMISSIONER BLAIR

DR2006/176

UNILEVER AUSTRALIA LIMITED
AND
AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
s.699 - Appl’n to Commission to have a dispute resol’n process conducted (Div 3)
(DR2006/176)

MELBOURNE

10.04AM, MONDAY, 10 APRIL 2006

PN1

THE COMMISSIONER: The Commission has had a discussion between the parties and arising from that the Commission is prepared to put a proposition by way of a recommendation to the parties, which the Commission understands they have agreed to accept. The proposition is this. That in regards to the 2006 Easter Saturday, it is the Commission's view that the green team, who is not rostered on for this coming Easter Saturday, will in fact have that deemed to be a public holiday for the purposes of 2006.

PN2

This, under the current agreement, puts an end to the claim that even though the team is not rostered on, they should be paid for the Saturday as a public holiday. It is the Commission's view that under the existing wording of the agreement it is something that they are not entitled to but in order to settle this particular issue the company have agreed - and the Commission will ask the company to make comment in a minute - to the payment to the green team.

PN3

It's the Commission's understanding that the union has accepted that a fence has been put around this particular issue for this year only and that the green team will be reimbursed in terms of way of public holiday. However the union, as well as the company, reserves their rights in any negotiating process for any new agreement. If the wording is different then the wording of that new agreement will apply. We are simply dealing with the wording under the existing agreement. Now, Mr Dixon, is the Commission's position that it has put on transcript, is that your understanding of the outcome?

PN4

MR DIXON: Yes it is, Commissioner. The company agrees that - it notes that in the Commission's view that the existing wording doesn't give an entitlement, but in all circumstances there has been a recommendation to be paid this year, for 2006, to the green team and the company on that basis is prepared to do so.

PN5

THE COMMISSIONER: Thank you for that. Mr Terzic, is that your understanding?

PN6

MR TERZIC: Yes Commissioner, on behalf of the union, the Commissioner's recommendation is accepted. Thank you.

PN7

THE COMMISSIONER: All right. Good. The Commission thanks the parties and just wishes them a happy Easter and hopes that the Easter Bunny only leaves Easter eggs on your lawn. The Commission will stand adjourned. Thanks.

<ADJOURNED INDEFINITELY [10.06AM]