C2018/4842, Transcript of Proceedings [2018] FWCTrans 365 (25 September 2018)

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009                                       1056410

DEPUTY PRESIDENT BARCLAY

C2018/4842

s.739 - Application to deal with a dispute

Mr Blair Chisholm

 and 

Metro Tasmania Pty Ltd

(C2018/4842)

Metro Tasmania Bus Operators Enterprise Agreement 2016

Hobart

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

11.21 AM, TUESDAY, 18 SEPTEMBER 2018

PN1

THE DEPUTY PRESIDENT: My recommendations, I think, were these, weren't they? That's right, that Ms Hogarth, or somebody on her behalf will make arrangements for a briefing of the relief trainers, at which time they will be provided with information as to what's proposed, in respect of them.

PN2

When they are carrying out their relief training I note that insofar as Metro is concerned, there's not any intention not change them from the EA agreement that presently covers them.

PN3

The next thing I think was that Ms Hogarth is going to make an enquiry, in respect to Mr Wells, to see whether he had only provided information to Metro and not to the bargaining representatives. If that's transpired, she's indicated that she will cure that issue by providing the materials and, as part of that, I've recommended that Ms Hogarth, if that has occurred, will consider whether or not Mr Wells should continue to have a role, in respect of the enterprise agreement bargaining process.

PN4

Thirdly, the recommendation is that Mr Chisholm, and whoever else who is a bargaining representative wants to puts to Metro its position as to wage increase, above 2 per cent and provides information such as efficiencies, cost savings or revenue increases that Metro may be able to go to the Minister to seek an exemption from the state government wages policy, with the aim of identifying whether or not Metro would be in a position, armed with that material, to make an offer greater than 2 per cent. I also recommend, Mr Chisholm, that you identify the increase to which you want salaries to go, so 3 per cent or whatever it is.

PN5

I record the outcome of the issue, in respect to sufficient time for bargaining representatives to be able to discuss, as between themselves, the outcome of individual meetings. The process will be that any bargaining representative who feels that they're roster for the following meeting will affect their capacity to meaningfully take part in discussions between bargaining representatives will make contact with, and I don't know who it is, but the relevant rostering people to see whether or not their roster can be changed to enable them to have sufficient time to meet with the bargaining representatives, after each bargaining meeting.

PN6

I think that's all. Mr Chisholm, is that all, those four things, I think?

PN7

MR CHISHOLM: Thank you.

PN8

THE DEPUTY PRESIDENT: What I think I'll do, otherwise, is that this meeting tomorrow, there will be one a couple of weeks after that. Do you anticipate, Mr Chisholm, that you'll be in a position to put your proposal, as to salary increases, by the meeting after tomorrow?

PN9

MR CHISHOLM: I believe so. We have actually started work on it.

PN10

THE DEPUTY PRESIDENT: I'll direct the proposed report back to the Commission, via the Chamber of Barclay DP, as to the progress of negotiations and whether or not any party seeks the ongoing assistance of the Commission, in respect to the three applications which have been lodged by Mr Chisholm, on or before the close of business on 10 October. Mr Chisholm, so you understand, that will be, "This is where it's at, it's going okay", bearing in mind I can't make anybody agree. It's not about agreement, it's about process.

PN11

MR CHISHOLM: Yes, sir.

PN12

THE DEPUTY PRESIDENT: So you'll be saying, "Yes, look, it's all okay now, we've got what we wanted, we're now bargaining and we're comfortable with that." Or you'll identify some issues that you say are outstanding that I can deal with, under any of these applications, and, more than likely, that would be under the 739 application probably, but I don't think it matters much. If you don't raise any issues of fair and efficient bargaining on the 10th, I propose to dismiss the scope application. But, in light of what we've now learnt, it doesn't seem to be a scope issue, unless you want to say that they should be elsewhere, other than in the Operators Award.

PN13

MR CHISHOLM: Yes, I understand, thank you.

PN14

THE DEPUTY PRESIDENT: We will publish those recommendations or outcomes, whatever it is that I decided to ultimately call them, in due course. I'll otherwise adjourn the three applications to a date to be fixed, because that will be depend on the report back, as to whether they're relisted or not. I thank you for your assistance and I'll adjourn.

ADJOURNED TO A DATE TO BE FIXED                                     [11.29 AM]