23 DECEMBER 2003 Negotiations with Tasman Group/Compass/Larberg/ESP Tecforce/Lodge Nominees/Belandra etc Since Justice North recommended that the Union and the companies meet for mediation in an effort to avoid lengthy and expensive litigation, there have been about six meetings under the chairmanship of Arbitration Commissioner Greg Smith. The Union provided the Company with a brief document outlining our priorities for future work at both the Kyle Road and Industry Park Drive sites.  Fundamental issues relating to the Union's role in negotiation and dispute settling as well as the normal provision for permanent employment and rates of pay were prioritized. The Union also proposed that there should be recognition of the employment at Kyle Road since July 2002 and that retrospective accruals of annual leave, sick leave, etc., as well as the possibility of the Court ruling that the old agreement would apply to the work done at Kyle Road, should be taken into account.  The Company was opposed to this. The Union suggested that the old Belandra agreement should be the basis for any future agreement but that depending on the company's attitude, we were flexible on some of the issues, wages in particular.  If, for example, the Company wanted time work, then obviously the number of bodies treated by the slaughtermen in a full day should form the basis for the wage rate.  This approach was rejected by Company representatives at the third meeting.  Mr. Cabral, who was absent from the earlier meetings, claimed he knew nothing of this approach and sought an adjournment.  The Company indicated they would prepare their own document. At about this time the small stock operation moved back to Brooklyn. The Company sent the Union a letter signed by Joe Catalfamo indicating an offer of permanent employment would be made to those workers. That was on 30th October.  As of 23 December these "offers" of permanent employment have not been made.  Mr. Catalfamo also indicated during the early negotiations that if the workers voted to have their Union meeting in the normal smoko room he would let that happen.  This has been a constant request from members both at Kyle Rd and Brooklyn, as at both sites they have been forced to walk a considerable distance to the furthest amenities to hold Union meetings. The Brooklyn workers voted unanimously to hold the meetings at the normal lunch room.  When Assistant Secretary Paul Davey wrote to Joe Catalfamo to inform him about this, he apparently viewed this action as highly inflammatory!  There was considerable delay in the production of the Company's document but it eventually arrived, followed after further negotiation, with various amended drafts.  The documents contained many conditions and wages that were totally unacceptable.  The fundamental issue of permanent employment was never addressed in any competent way.  Some of the larger problems that the Company's document presented were as follows: 1. The Company insisted on having the right to stand employees down as often and for as long as it desired. 2. The "Guaranteed Minimum" rates of $400 per week for labourers and knife hands on the slaughter floors and $500 for everybody else were not excluded from the clause that allows indefinite stand-downs. 3. The Company wished to have sick leave incorporated in the weekly wage so that if you have a sick day you do not get paid for it at the time.  The same with compassionate leave. 4. No Butchers Picnic 5. No make-up pay for WorkCover 6. No leave loading for annual leave. 7. Reversion to the State Act for Long Service Leave (ie you must work a minimum of 10 years to qualify). 8. Reducing redundancy from 26 weeks maximum down to 8 weeks maximum. 9. No rostered days off. 10. Compulsory overtime. 11. Span of hours 5.30am to 8pm with the right to force workers onto a 3x13 hour 20 minute roster  or 4x10 hour roster, at the Company's choice. 12. No Special Leave. 13. Compulsory random drug and alcohol testing without any guidelines in respect of what constitutes legal or safe levels. 14. Labourers to provide their own knives, steels, mesh aprons, pouches, mesh gloves etc. 15. The Union restricted to monthly meetings with 24 hour prior notice and no right to hold meetings in the normal smoko room. 16. 200% loading for casuals with no provision for casuals to become permanent, and no seniority. There were many other provisions the Union believed were unacceptable, but these were the main ones. Right of Access for the Union This remains a problem.  The Company insists that the Union be kept away from the members' normal lunch room.  Despite at least 20 letters advising the Company that the Union wishes to be available for all employees, including the boning rooms, the Company has insisted on only allowing one meeting away from the normal smoko rooms, and the Union doubts whether most employees are even advised of the meeting. In any event due to the staggered lunch breaks many could not attend even if they wanted to. Summary During negotiations the company moved a little in addressing some of the Union's major concerns.  For example initially they would not agree to any guaranteed minimum, whereas now there is the $400/$500 base.  They talked about removing the clause that enabled this minimum to be revoked in the instance of lack of stock, but wanted to maintain it in the event of industrial action (this is not necessary, as it is covered elsewhere).  The biggest problem remains the Company's apparent view that everyone at Kyle Road and Brooklyn is happy with the current regime of casual work and Mr. Cabral's expressed preference for this to continue. Where to From Here The Company's appeal against Justice North's decision is listed for 16th February 2004.  Hopefully the Full Bench will reject that appeal.  If it is rejected, Justice North's decision would have to be implemented.  This however could take some time. The Union remains committed to a negotiated settlement if the Company is prepared to adopt a realistic approach to wages and conditions.