C2006/2514, Transcript of Proceedings [2006] AIRCTrans 895 (19 July 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 15362-1

COMMISSIONER LARKIN

C2006/2514

AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION-NEW SOUTH WALES BRANCH
AND
RAIL INFRASTRUCTURE CORPORATION ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, THE-NEW SOUTH WALES BRANCH AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION-NEW SOUTH WALES AND ACT (SERVICES) BRANCH
s.170LW pre-reform Act - Appl’n for settlement of dispute (certified agreement)
(C2006/2514)

SYDNEY

11.19AM, THURSDAY, 06 JULY 2006

Continued from 2/5/2006

PN86

THE COMMISSIONER: Appearances remain the same ladies and gentlemen.

PN87

MR PANAGIRIS: Yes.

PN88

THE COMMISSIONER: As the last occasion. Yes Mr Panagiris?

PN89

MR PANAGIRIS: Thank you Commissioner, we appreciate your patience in relation to this matter. We've had some considerable discussions this morning in relation to the issues of concern and for the purpose of the record I will ask Mr Kevin Mackie on behalf of Rail Infrastructure Corporation, State Rail and also RailCorp to put an agreed position to you. We think we have moved some way in resolving our differences. We've got a fairly clear commitment in our view at least in relation to the ICT membership that we had some concerns about.

PN90

We also had some issues in relation to the maintenance of the conditions of employment for people who were vested to RIC and then utilised by RailCorp in the short term and Mr Mackie will talk to you about some of the ….. associated with their conditions of employment. There is one outstanding issue in relation to the train services restructure. We have put a proposal to RailCorp in relation to those affected employees and from our perspective we have some four members.

PN91

They will now consider the propositions we have put to them and we hope to have a position hopefully, what Kevin, the next week or two in relation to that and subject to the resolution of that I think we're very, very close on this issue, Commissioner, so could I hand over to Mr Mackie in relation to put on the record at least what our understanding is in relation to where we're going on this issue.

PN92

THE COMMISSIONER: Thank you Mr Panagiris. Mr Mackie?

PN93

MR MACKIE: Yes I endorse my friend's comments in relation to your patience this morning, Commissioner, and I think that the parties will acknowledge that the opportunity we've had to have further discussions I think have been fruitful and have enabled us to generally, hopefully resolve this matter on an ongoing basis. In summary, Commissioner, the matters that we discussed and have agreed to this morning are as follows.

PN94

Firstly that in relation to the ICT employees, that the affected ICT employees will be referred to the CTC on 31 January 2007 for the purpose of these employees being able to access either voluntary redundancy or redeployment. So in terms of, you may be aware Commissioner there has been some discussions in terms of the fact that the services of these employees will be required up until the end of January 2007, until the successful tenderer takes up performing the function but the union will look into that commitment in relation to the, those employees that will be displaced and that's the commitment that we're prepared to put on the record this morning.

PN95

The second that was raised with us this morning was in relation to the concern that the unions have raised about the conditions of employees, condition of employment for those employees or some of those employees who have been actually vested to RIC and have been temporarily re-assigned back on a secondment basis to perform work on a temporary basis in RailCorp.

PN96

The undertaking that we have given the unions this morning that where those employees have been temporarily assigned back into RailCorp and they are performing a similar role to that they had in their former substantive position, they will continue to maintain their existing conditions of employment. So in terms of, in that situation if they were actually working a 72 hour fortnight they will, during the secondment, continue to work under those hours arrangements.

PN97

THE COMMISSIONER: Because if you're vested to RailCorp or RIC it's my understanding you are vested with all your entitlements.

PN98

MR MACKIE: That's correct Commissioner.

PN99

THE COMMISSIONER: In particular the hours issue.

PN100

MR MACKIE: That's correct, yes. The third issue that Mr Panagiris raised this morning is a situation in terms of some of the concerns that the unions have got in relation to a restructuring that has happened or is in the process of happening in relation to the train services area. I think, Commissioner, it may impact upon somewhere in the order of about 12 employees. We are hopeful that in terms of further discussions between the unions we will be able to resolve this through negotiation. If not I think we've agreed that we will reserve the right to refer the matter back if we feel we need your assistance in that regard.

PN101

And the fourth matter that the unions have raised is that in relation to the letter that we forwarded to the unions yesterday and a copy to the Commission, the unions have noted that the letter again was on RailCorp letterhead signed by myself. The unions concern is that RIC is the primary employer in relation to a number of these employees that were vested to RIC earlier this year.

PN102

I can place on the record, Commissioner, that the contents of this letter was actually forwarded to RIC Senior Management who I understand have read and endorsed the contents contained therein so I'm quite happy to place on the record that the commitments given in this letter certainly have been endorsed and bind both RIC and RailCorp. So there is no question about, you know, the employer not honouring the commitments that have been given to the unions in our correspondence which they received yesterday. If the Commission pleases.

PN103

THE COMMISSIONER: Mr Mackie, as you refer to that correspondence I think it might be appropriate that I mark it in the proceedings. This is correspondence from Mr Mackie on behalf of RailCorp and RIC.

PN104

MR MACKIE: Yes it is.

PN105

THE COMMISSIONER: Which is dated 5 July 2006 forwarded to the Commission and of course a copy to the respective unions.

EXHIBIT #RAILCORP1 CORRESPONDENCE FROM MR MACKIE ON BEHALF OF RAILCORP AND RIC

PN106

THE COMMISSIONER: Now I have a question of clarity for you, Mr Mackie, and forgive my ignorance. What is EOI?

PN107

MR MACKIE: Expression of Interest.

PN108

THE COMMISSIONER: I know what EEO means.

PN109

MR MACKIE: Sorry. Expression of Interest, Commissioner.

PN110

THE COMMISSIONER: Expression of Interest.

PN111

MR MACKIE: Yes.

PN112

THE COMMISSIONER: I should have thought of that one, Expression of Interest and what is SPP?

PN113

MR MACKIE: That is the enhanced redundancy package.

PN114

THE COMMISSIONER: Yes. And what does SPP mean?

PN115

MR MACKIE: So it is Special Purpose Payment Package. So it's SPPP, Special Purpose Payment Package.

PN116

THE COMMISSIONER: Okay. All right. I presumed that was connected to the enhanced redundancy, but the SPP just threw me off my perch for a moment. All right. So I envisage then – and of course I'll go back to the union, is that, that's the conclusion?

PN117

MR MACKIE: Yes.

PN118

THE COMMISSIONER: Thank you for that, Mr Mackie. Mr Panagiris, so the parties then have agreed. We now have your agreement recorded and of course transcript will be available to the parties. I presume then that this file does not require a set report back date but I would envisage that you would seek that the file be left open for a period of six months?

PN119

MR PANAGIRIS: That's correct.

PN120

THE COMMISSIONER: In case the parties experience difficulty with that last issue.

PN121

MR PANAGIRIS: Yes that right, Commissioner.

PN122

THE COMMISSIONER: Yes. Anything else to add Mr Panagiris?

PN123

MR PANAGIRIS: Sorry?

PN124

THE COMMISSIONER: Anything else to add?

PN125

MR PANAGIRIS: No that's all, Commissioner, thank you.

PN126

THE COMMISSIONER: Thank you. Ms Bennett, anything at all from your perspective?

PN127

MS BENNETT: No thank you Commissioner.

PN128

THE COMMISSIONER: Yes thank you. Mr Gallaway?

PN129

MR GALLAWAY: No nothing further Commissioner.

PN130

THE COMMISSIONER: Yes. Well I thank you for that and congratulate you on settling your matter and the Commission stands adjourned. Thank you.

<ADJOURNED INDEFINITELY [11.27AM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #RAILCORP1 CORRESPONDENCE FROM MR MACKIE ON BEHALF OF RAILCORP AND RIC PN105