On 1 September 2020 the ASU and Auscript participated in a second phone Conference before Commissioner Harper-Greenwell in the pay dispute.
After hearing that a meeting between the parties on 20 August did not resolve the award minimum vs EA Bronze rate issue the Commissioner proposed the following attempt at conciliation agreed by the parties:
"During the conference on 1 September 2020, the parties agreed that the following matters are in dispute as detailed in the s.739 application filed by the ASU on 13 July 2020:
1. CPI dispute: The interpretation application of the Auscript Australasia Enterprise Agreement 2010 (the Agreement) regarding the application of the CPI increase.
2. Classification dispute: The Agreement contains rates of pay for employees who are classified as 'Bronze level'. The ASU argues 'Bronze level' employees are being paid below the relevant Award rates a contravention of section 206 of the Fair Work Act 2009 (Cth) (the Act). The ASU submits a 'Bronze level' employee properly aligns with the Clerks - Private Sector Award 2020 (the Award) classification Level 2, year 2. Auscript contends that 'Bronze level' employees are properly classified at the Award Paypoint of Level 1, year 1.
In addition to the above matters and reserving their rights the parties have agreed to the additional matters outlined below being conciliated by the Commission:
3. Training period: The parties agree that the training period from which an employee moves from a 'Bronze level' to a 'Silver level' requires some clarification.
4. Reclassification due to performance: Employees who underperform may be reclassified at a lower level. There is some contention as to whether it is appropriate in all of the circumstances for an employee to be re-classified at the 'Bronze level'."
The parties are required to file in the Commission submissions in support of their arguments for items 2 and 3 outlined above by 5:00 pm on Friday 11 September 2020.
The matter is listed for Conference at 10.00am on Tuesday 15 September 2020.
For more information, please get in touch with the relevant contact below. If you're not a member of the ASU, you can join online now at our secure form: https://asujoin.asn.au/. Download the bulletin here.