Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland v Warwick Newspaper Pty Ltd [1999] QIRC 195 (1999) 162 QGIG 34

34 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 17 September, 1999 ###-#################11#-#####################-###################-############-####-#######################################-###### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Rel.ations Act 1999- s. 229 noufication of di;pute Automoth·e, Metals, Engineering, Printing and Kindred Industries lndustria.1 Cnfon of Employees, Queensland Al"ID War-.ick Newspaper Pty Ltd (No. DJ90 of 1999) VICE PRESIDENT LINNANE 8 September I 999 Dispute - Restructure at Warwick Daily News - Four trades' positi<>os no l onger in existence - Four new positions created - Contenti<>n occtJpants of original positi ons entitled to severance payments - CoJ1cilia1ion failed - Referred 10 arbitration - Draft questions for mulated for arhitratioo - Amended questions for arbitration. DECISION A dispute exists between the Automotive, Metal s, Engineering, Printing and Kindred Industries lndustrial Union of Employee s, Queensland (hereafter the Applicant) and Warwick Daily News (hereafter !he Respondent) concerning the. Respondent's re structure at the Wa r wick Daily News. As a result of the restrncrure four trades' po sitions no longer e;,;.ist. The persons employed in those positions were clas sified at Skill Level 8 of the Printing Trad e - The Warwick Newspaper Ptv Ltd - Certified Agreement (he reafter the Certified Agreement). The Respondent's position i s that it seek s to place these four person s in new po sition s which would ordinarily be classified at Skill Level 3. The Respondent proposes that if the four occupants of the original positions fill the newly created positi ons then the occupant s would continue 10 receiv e the I 7 September, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 35 0,, and c onditions at1<,ching to the Skill Level 8 classifications during the continuation of their employment. It is further proposed by the Respondem ;:;:·ny increase s 10 the wages and conditions of the Skill Level 8 Cla ssifications would continue to apply to the occupants of the newly created positions. The Applicant contends that the occupants of the original positions are entitled to severanoe payments in accordance with clause 6.JO of the Certified Agreement. The Commission has reforred this matter to arbi1.ration pursuant to s. 230(3)(b) of the Industrial Relations Act 1999, after conciliation failed to resolv e the dispute between the parties. In doing_ so the Commission formulated five draft questi<>11S for arbitration and asked the parties to comment on the draft que suo ns. The draft questions for arb1trauon were a s follows:- ..!. Js the Company acting in breach of the employees· contraets of employment by providing alternative work outside of their contracts but remunerating th.;m in terms of the ir pre-existing comract s of employment? 2. Is the Union's contention correct t.hat the provisions of clause 6.JO of the Printinr Trade - The Warwick Newspaper Ptv Ltd - Certified Aereement apply in the circumstances as described? 3. What is the effect in the event Che Union's contention is correct? 4. [n the alternative, is the Company correct in its contention that the provisions of clause 6.10 of the Agreement do not apply and further that ii is open to them to provide alte rnative employment in the manner desc ribed above? 5. Jn the event the Company's contention is correct, and employees refuse to accept the alternative employment, is ii open 10 !he Company to terminate the employee's employment with the giving of the siatmory period of notice?". 77,e Respondent seeks to have Question I amended to read asfollows:- ·· 1. ls the Company acting in breach of t.he employees' c ontracts of employment by providing alternative work on other duties but remunerating them in te.rms of their pre-ex1s1ing skill l evel u nder the applicable Certified Agreement?''. and further to have the word ..employment" in Question 5 replaced with the word '·dutie s''. I have had the benefit of written submissions fro m both the Applicam and the Respondent. The Respondent c<>ntends that the amendment i s necessary in order t o ensure that the quest.ion is framed in neutral tern;�. As it is an issue in the di spute as 10 whether the assignment of new duties to thes e employees is out side their existing contracts of employment it is argue,d, by the Respondent, that a n arbitration o n the assumption that the assignment is outside their contracts o femployment will no t resolve the disputatio n. An imponant . issue to be det ermined in ihe arbitration is whether the provisions of alternative w<>rk or other du ties doe s amount to a breach of the contracts of e mployment of the respective occupant� <>f the original positions. The question as originally drafted may be seen to pre-empt a determination of 1h.is issue. J have therefoN decided lo amend Que stion I in the terms sought by the Res pondent and funher to replac e the word "employment" in Question 5 with the word "dunes". The questions f()( arhitratton will then be as follows:- •· J. Is the Company acting in breach of the employees' contracts of employment by providing alternative work on Other duties but remunerating them in terms of their pre-existing skill level under the Printing Trade The Warwick New spaper PtyLtd - Certified Aereement'! 2. ls the Union's contention correct that the provisions of clause 6.10 of the Agreement apply in the circumstances as described'? 3. Wl)at is the effect in the event the Union's contention is correct� 4. In the alternative, is the Company correct in it; cont ention that the provisions of clause 6.10 of the Agreement do not apply and further that it is open t o them to provide alternative employment in the manner describe d above? 5. In the eveni the Company's contentio11 is corr ect, and employees refuse 10 accept the alternative duties, is it open lo the Company 10 terminate the employee's employment with the giving of the statutory period of notice?". Order accordingly. 0.M. LlNl\'ANE, Vice President. Released: 8 September 1999 Appearances - • Ms D. Whyte of the Au1 orn0tive, Metals, Eogineering, Printing and Kindred 11\dustrial Union of Empl oyees, Queen sland . • Ms H. Meggiorin of Minter Ellis on Lawyers for the Warwick Newspaper Ply Ltd. ::ODMA\GRPWISE\QIRC-DOM.IRO-POI.GENERALI :29490.JQGIG I 7.9.99 -- 1 of 1 --