AG2011/6908, Transcript of Proceedings [2011] FWATrans 369 (14 April 2011)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 45677-1

COMMISSIONER HAMPTON

AG2011/6908

s.185 - Application for approval of a single-enterprise agreement

Application by Eyre Peninsula Old Folks Home Inc & United Voice
(AG2011/6908)





Port Lincoln Court House

11.56AM, FRIDAY, 8 APRIL 2011

Continued from New

PN1

THE COMMISSIONER: All right, I'll take the appearances.

PN2

MS D JACOBS: Dianne Jacobs, I'm CEO of HR and Consulting, a representative for the employer.

PN3

THE COMMISSIONER: Thank you Ms Jacobs. Ms Suter, do you want to - - -

PN4

MS D SUTER: Dawn Suter, CEO, director of care of the Eyre Peninsula Old Folks Home.

PN5

THE COMMISSIONER: Thank you.

PN6

MS L HARRISON: If Fair Work Australia pleases, Harrison initial L on behalf of United Voice.

PN7

THE COMMISSIONER: Thank you Ms Harrison. Look, I should indicate for the record that prior to proceeding today I convened a conference with the representatives of the parties. I did so in order to explore a number of procedural matters that would arise if the application were to go ahead today. I also raised with the parties the prospect of perhaps an alternative way of dealing with matters. As a result of that conference and subsequent feedback from the parties my understanding is that a basis to proceed with affairs more generally has been reached, which has the support of all parties.

PN8

What I propose to do is to summarise that and then ask the parties to confirm that that's accurate. My understanding is that the employer with the support of the union has agreed to withdraw this application without any concessions as to the merit of the application. Now this has been agreed in the context of the following arrangements. Secondly, the employer will file a section 240 application seeking the assistance of Fair Work Australia in relation to the subsequent bargaining process. Thirdly, the parties will seek to agree a joint statement, a written statement, to be issued to employees at the workplace explaining that the application has been withdrawn in favour of some further negotiations to be conducted with a view to reaching a fresh agreement in the near future.

PN9

My understanding is that the attempt will be made to have that agreed and issued as early as possible next week, say by Wednesday, without there being a precise deadline. Fourthly, the employer will draft and supply to the union, with a copy to Fair Work Australia, a draft negotiating protocol which will also enclose proposed timeframes. That will be done by Monday 18 April 2011. My understanding is that the employer will also supply necessary roster information discussed, with the deletion of personal details as is appropriate, together with any explanation by the same date. Fifthly, that the union will then respond on both the protocols and roster information, and it's anticipated that will be done by close of business Thursday 21 April, with a copy provided to Fair Work Australia for my information.

PN10

Sixthly, in that light it's my understanding that the parties will attempt to agree both the negotiating protocols and their interim rostering arrangements. If that is unable to be done within a reasonable period then Fair Work Australia will be requested for assistance, and I'll convene a conference with a view to try to resolve any differences on either the basis or protocols of the negotiations, and what should be happening in terms of rostering arrangements in the meantime. Now that's my understanding of the basis of the withdrawal. Ms Jacobs, do you have any comments to make about that?

PN11

MS JACOBS: Yes, I confirm that that is what we agreed. Yes.

PN12

THE COMMISSIONER: All right, thank you. Ms Harrison?

PN13

MS HARRISON: Thank you, sir. I'll confirm that United Voice consents with those arrangements as outlined by yourself, and that we hope that this will be - that this process put in place will resolve the issues that have been outstanding in relation to this enterprise agreement.

PN14

THE COMMISSIONER: Very well. Anything further, Ms Jacobs and Ms Suter?

PN15

MS JACOBS: Just at this stage I'd just like to confirm that the employer obviously has entered into this arrangement in the interests of the organisation to make sure that the agreement that does go forward, and that ultimately hopefully is approved, is one that will unite the organisation and not divide it.

PN16

THE COMMISSIONER: Very well. All right. Well, look, I think that statement of intent that you've just concluded with is one that everyone in this court room would agree with, including myself. In fact I do congratulate the parties on adopting this course of action. It seems to me that this is the best course of action in the circumstances. It does have the potential to lead to an agreement that has perhaps a broader support and perhaps be a little less divisive than the application that's currently before the Tribunal.

PN17

I wish all the parties very well in that context, and as anticipated if necessary I'm more than happy to personally play a role in facilitating the future negotiations. Because clearly this matter has been around for a long time. It is important that the agreement be concluded and that it be concluded in the most constructive and positive way as possible, and without obviously necessarily requiring unanimous agreement. So on that basis I will indicate that the application is withdrawn and the file will be closed, and Fair Work Australia will be adjourned.

<ADJOURNED INDEFINITELY [12.02PM]