Australian Municipal, Administrative, Clerical and Services Union v Eastern Australia Airlines Pty Limited
[2011] FWA 6719
•26 OCTOBER 2011
[2011] FWA 6719 |
|
DECISION |
Workplace Relations Act 1996
s.170LW - pre-reform Act - Application for settlement of dispute (certified agreement)
Australian Municipal, Administrative, Clerical and Services Union
v
Eastern Australia Airlines Pty Limited
(C2011/200)
COMMISSIONER RAFFAELLI | SYDNEY, 26 OCTOBER 2011 |
Eastern Australia Airlines Pty Ltd and Australian Services Union Agreement 2004 - 2007 (extended to 30 June 2010) - classification levels.
[1] The Australian Municipal, Administrative, Clerical and Services Union (ASU) have made an application to Fair Work Australia (FWA) on behalf of its member, Ms Cath Sumpter to deal with a dispute under section 739 of the Fair Work Act 2009 (the Act).
[2] Ms Sumpter has had since 2009, a longstanding claim for promotion at her workplace at Eastern Australia Airlines Pty Limited t/as QantasLink (Eastern) located at Tamworth.
[3] This dispute generated a series of discussions and correspondence between Ms Sumpter, the ASU and Eastern. It was also previously before FWA and was the subject of an earlier decision of mine of 16 March 2011 [2010] FWA 1482 (PR507393).
[4] The current matter before me is an application that the Ms Sumpter should, pursuant to section 52.1 of the Eastern Australia Airlines Pty Ltd and Australian Services Union Agreement 2004 - 2007 [AG839097] (the Agreement) be properly classified as Level 4. Ms Sumpter is currently classified as Level 3. She also seeks back payment of wages from December 2006.
[5] The relevant parts of clause 52 are as follows:
“52.1 Classification of Employees
Employees in levels 2, 3 and 4 are required to use a minimum of three skills listed at the skill level described. The three skills will relate to either operational roles or non-operational roles depending on whether or not the primary purpose of the employee’s employment is operational or non operational.
LEVEL THREE
Employees in this level perform operational and non-operational tasks at a level higher than required in level two. They are responsible and accountable for their own work, meeting prescribed deadlines. They exercise initiative, discretion and judgment within the range of their skills and knowledge. Supervision is limited.
Technical Skills:
1. Computer
Able to: use central computer resource and/or personal computer to access and interpret routine data from a mainframe and/or applicable software packages and/or use a combination of functions relevant to that department and/or;
apply knowledge of advanced functions of application software packages to manipulate date, i.e. modify fields of information, develop new database and/or spreadsheets models.
2. Keyboard Typing:
Able to: touch type at 50 words per minute with 98% accuracy.
3. Word Processing:
Able to: apply advanced functions including Macros, Sorting and Math’s functions, boxes, Thesaurus.
Secretarial Skills:
Able to: maintain executive diary; organize local and interstate business itineraries, respond to invitations; organize internal meetings on behalf of executive, establish and maintain reference lists/personal contact systems for executives; maintain current working and personal administrative systems for Management.
Enterprise/industry knowledge:
Able to: apply detailed knowledge of enterprise operations and structures and a-basic knowledge, of the industry or field of interest in which the organization operates to complex issues/arrangements in such areas as consumer/client services, special products/service knowledge, production and planning schedules, material supply.
Information handling:
Able to: create and process new forms of files and records as required use computer-based records systems.
access, identify, and extract information as required from external sources, e.g. databases, libraries, local authorities.
maintain subscriptions for required technical, trade and other publication systems, maintain circulation, indexing and filing systems for publications; review/close files, Archive files.
Business/financial:
Able to: apply detailed understanding of accounting functions, processes and reconciliation skills (general ledger and debtors accounts); follow-up complex unpaid accounts utilising a thorough knowledge of the financial workings of other department as they affect the relevant transactions.
Reconcile and clear large and complicated reconciliations to balance, undertake overseas reimbursements, make verbal and written reports within the range of skills and knowledge at this level..
Coaching:
Able to: train employees in levels 1 and 2 by means of personal instructions and demonstration.
Airline specialist:
Able to: liaise with suppliers and source market for economical and timely procurement of sundry parts as requested by Supervisor.
apply knowledge of export, customs and repair control documentation requirements and procedures.
assist in determining economic quantities within established provisioning guidelines for ordering and re-ordering.
monitor and maintain technical records system in line with identified Airline procedures and regulations under limited supervision.
apply sound revenue proration skills to maximise revenue yields.
maintain FBT register for staff travel in line with identified Airline procedures and regulations.
maintain accounting systems for the matching revenue system and to clear earned revenue system rejections to provide timely and accurate earned revenue data.
apply detailed knowledge of the rules and regulations to ensure accurate international ticket collections, identify over billings from other airlines and minimise rejections from other airlines, process IATA and NOWATA inward/outward billings.
carry out procedures for all aspects of automated and manual regional and domestic ticketing, including replacement tickets, staff travel, promotional and interline tickets.
use established procedures for the completion of associated documentation and financial reconciliation (manual ticket returns, Qantas ATSRs and banking).
carry out established procedures for load control and departure/arrival coordination.
Point of entry
Employees in this level must have completed a period of work and training in level 2.
Training
Employees in this level will undertake training by means of in-house structured and relevant external courses and on-the-job training in the skills and skill levels required for positions in level 4.
LEVEL FOUR
Employees in this level perform operational and non-operational tasks at a level higher than required in Level 3. They are responsible and accountable for their own work and may have responsibility for work of a section or unit. They exercise initiative, discretion and judgment. Supervision is by means of reporting to more senior officers/Management as required.
Technical Skills:
1. Computer
Able to: use a central computer resource and/or personal computer to maintain, arrange, organize access and interpret data from a main frame computer and/or applicable software package and/or assist in operating a main frame computer.
use technical skills in customer service for system backup and support.
2 Word Processing
Able to: use complex functions such as moving columns, creating displays of charts and/or graphs, booklet and/or report format.
Secretarial Skills:
Able to: attend executive organizational meetings and take minutes; establish current working and personal executive filing and administrative systems; answer executive correspondence from verbal or rough handwritten instructions; organize teleconferences.
Enterprise/industry knowledge:
Able to: apply knowledge of the organization’s objectives, performance, projected areas of growth, product trends; and general industry conditions, e.g. knowledge of competitors and major clients market structure in the performance of own responsibilities.
Information Handling:
Able to: establish new paper based/manual filing records systems for the Company; assist in separate undertaking research (locate/solicit, summarise/extract and interpret information) related to functions area; make verbal reports and recommendations and brief written reports on areas of performance.
Business and financial:
Able to: interpret and prepare financial information for Management and prepare reports and assessment relevant to areas of responsibility. Assist with preparation of financial/tax schedules; calculate stock pricing; preparation and verification of all applicable area payrolls and interface payroll systems support and/or associated finance procedures.
Allocate significant period costs, accrual/pre-payments; resolve complex reconciliation problems; apply knowledge of credit and Company law limited to its application to collections.
Coaching:
Able to: train employees up to and including level four by means of personal instruction and demonstration.
Supervisory:
Able to: develop and maintain work quality and performance in a team environment; solve operational problems in own work functional area or section. Exercise discretion to resolve issues of a more complicated nature as they arise. Deal with task of immediate Supervisor to ensure the efficient running of section for periods when Supervisor is uncontactable/unavailable (notwithstanding conditions as per Clause 29 of this Agreement). Resolve operational problems for staff in lower levels; co-ordinate work flow within a section or unit; advise staff who are under supervision and assist with counselling as required.
develop, plan, prepare and implement weekly rosters; apply a basic working knowledge of Industrial Relations, Equal Employment Opportunity and workplace regulations/standards.
Airline specialist
Able to: supervise established procedures for load control and departure/arrival coordination, liaise with and assist movements control where required. Apply a detailed knowledge of aircraft records including drawings, manuals, service bulletins and Airworthiness Directives by way of Engineering Instructions using computerised systems in accordance with Airline procedures and regulations. Apply a detailed knowledge of aircraft repair procedures in order to provide repair services to other airlines; apply a detailed knowledge of provisioning requirements to obtain competitive quotations and initiate purchasing.
assist in staff selection and interviewing as required under supervision.
Point of entry:
employees in this level must have completed a period of work and training in level 3.
Training
employees in this level will undertake ongoing training to enhance their skills.”
[6] It is not in dispute that FWA has power pursuant to clause 13, Settlement of Disputes Procedure of the Agreement to deal with the matter including by arbitration.
[7] It was the submission of Ms Young on behalf of the ASU that Ms Sumpter’s role of accounts clerk had changed considerably since her appointment. This included changes from her role from data entry to complex reconciliations and staff training.
[8] It was pointed out that the duties are akin to those of her colleagues all of whom are classified level 4. Her capacity has also been demonstrated by her replacement of two Level 4 employees while they were on maternity leave.
[9] The ASU urged FWA to also consider that Ms Sumpter’s location in Tamworth has restricted promotion opportunities that might be more available in the larger capital cities.
[10] In her written and oral evidence Ms Sumpter said that she commenced employment with Eastern within the Tamworth Accounts Payable team in February 2001.
[11] Over the years since 2011, the duties performed by her changed considerably. In 2006 the Accounts Payable team no longer had responsibility for Jetstar work. Staff were reduced and their duties divided between the Accounts Payable and Payroll departments.
[12] Additional duties that were assumed by remaining staff members in the Accounts Payable team were the introduction of a records inventory system, TRAX, a software package dealing with database management, Oracle and an accounting software programme called ‘More4Apps’. There was also the move to a single Operating Unit from the five previous operating entities of Sunstate Airlines, Eastern Australia Airlines, South Australian Airlines, Airlink and Jetstar. This meant that Ms Sumpter had an increased workload and higher level of responsibility and autonomy. Ultimately her role progressed from simple data entry and enquiries associated with accounts work to include reconciliations (including fuel and foreign currency) as well as training staff.
[13] The move to a Single Operating Unit limited the amount of training that could be provided by the Supervisor. Consequently, her role expanded to include responsibility for training others. She stated that two of the employees that she has trained commenced employment on a higher level than the Level 3 on which she is employed.
[14] Ms Sumpter said that she now had more responsibility to ensure the required coding of invoices.
[15] She is also now responsible for verification and authorisation of invoices and credit notes.
[16] Ms Sumpter said that she was responsible for “month end”, “close of business” and “end of financial year” reports.
[17] She also put that her job now requires a high level of skill and knowledge in resolving complex reconciliation problems and using complex spread sheet formulas and formatting.
[18] Ms Sumpter referred to the high level of communication skill required in liaising with suppliers and internal managers and supervisors.
[19] In cross-examination she agreed that she has not through 2011 used the ‘More4Apps’ program.
[20] Ms Sumpter was shown a request for payment approval slip (Exhibit EA1) and accepted that it was the person with financial delegation who approves the invoice for payment. She checks that amounts match the invoice and that appropriate financial delegation exists. She then enters the request for payment into the system.
[21] She also agreed that she had not performed fuel and foreign currency reconciliation in 2011.
[22] She accepted that in the last twelve month she has not been required to interpret telephone usage reports.
[23] Ms Sumpter was adamant that she trained employees who were inexperienced in accounts payable. She agreed that no new employees have entered her work area since 2004.
[24] While Ms Sumpter said that while training these employees she was effectively supervising them, she conceded that this had occurred many years ago.
[25] She agreed that she has not been interpreting telephone usage reports in the last 12 months. Before that, she did it monthly.
[26] Ms Sumpter referred to the provisions of clause 52.1 and the requirement for Level 4 employees to possess a minimum of three skills listed for that level. In that regard at paragraph 22 of her statement (Exhibit USU 1), she stated:
“ ‘Technical skills 1: computer - able use a central computer resource and/or personal computer to maintain, arrange, organize access and interpret data from a main frame computer and/or applicable software package and/or assist in operating a main frame computer.’ In this regard, I use a computer daily to maintain, arrange and interpret data using applicable software on multiple drives. I was also instrumental in the testing of ‘Oracle’ and its implementation.
‘Word Processing: able to use complex functions such as moving columns, creating displays of charts and/or graphs, booklet and/or report format.’ I am able to satisfy the requirements of the criteria because I am able to collect and collate data and apply in complex spreadsheets.
‘Information handling: able to establish new paper based/manual filing record systems for the company; assist in separate undertaking research (locate/solicit, summarise/extract and interpret information) related to function area; make verbal reports and recommendations and brief written reports on areas of performance.’ In response to this, I am well versed and competent at Supplier trend reporting.
‘Business and financial: able to interpret and prepare financial information for Management and prepare reports and assessment relevant to areas of responsibility.’ I am able to demonstrate the use of this skill because on previous occasions I have regularly interpreted telephone usage reports and prepared financial assessment for Management approval.
‘Coaching: able to train employees up to and including level four by means of personal instruction and demonstration.’ I am able to demonstrate that I have this skill because I have trained no less than 10 people since being employed in 2001, seven of whom were all Level 4 employees, the rest either Level 3 or non Finance employees including some management. I also made note that in that entire time, I never claimed the Buddy Training Allowance that I was entitled to. It was not until late 2010, with the assistance of the Union, that I received payment of the Buddy Training Allowance.
‘Supervisory: able to resolve operational problems for staff in lower levels; co-ordinate workflow within a section or unit; advise staff who are under supervision and assist with counselling as required.’ I can demonstrate that I use these skills because I resolve daily operational problems, co-ordinate workflow for example the ‘shared mailbox’ maintenance. Tasks involved in the shared mailbox maintenance include reviewing emails, printing invoices and responding to enquiries from internal and external bodies. As a result of changes in technology, more and more processes are performed electronically, which has resulted in a considerable increase in emails into the shared mailbox. I also delegate tasks to my colleagues where appropriate, subject to my workload.
‘Point of entry employees in this level must have completed a period of work and training in Level 3.’ I satisfy this requirement as I have completed ten years service in Level 3. ”
[27] As a consequence of fulfilling those skills requirements, her appropriate classification is Level 4.
[28] In her submissions, Ms Bernasconi, solicitor representing Eastern, said that Ms Sumpter was at all material times a Level 3 Accounts Clerk employed under the Agreement. Eastern has no need for Ms Sumpter to perform functions at a higher classification level and does not require Ms Sumpter to do so.
[29] Eastern submitted that the new computer programs and systems have simplified and streamlined the data entry process. This has cut down the amount of manual processing required. Any increase in volume of data that needs to be processed has been managed by the new systems that have been introduced.
[30] In interpreting the classification and skills therein, one needs to approach the descriptors as a package. One should not pick some isolated words which of their own cannot fairly describe the skill required.
[31] Eastern considered the periods when Ms Sumpter replaced Level 4 employees as irrelevant in determining the correct level of her substantive position. Equally irrelevant is whether Ms Sumpter has been disadvantaged by working in a smaller workplace of Eastern.
[32] The evidence of Mr Eric Liaw, Program and Risk Manager for Eastern included that Ms Sumpter’s duties fell within the Level 3 classification. According to Mr Liaw, the Level 3 Accounts Clerk’s role is essentially a clerical role. The key responsibilities of the role are batching and checking invoices, posting invoices into Oracle and responding to simple enquiries from suppliers and internal managers.
[33] On the other hand, a Level 4 clerk is required to perform complex reconciliations, including fuel reconciliations and supervising other team members.
[34] In responding to the evidence of Ms Sumpter, he said that while volumes of work may have increased in the accounts payable area there has been no change in the nature or complexity of the tasks performed by Ms Sumpter.
[35] The introduction of the Oracle accounting software package has resulted in reduced manual data entry work. This has enabled clerks to handle greater volumes of work.
[36] He disputed that Ms Sumpter has ever been required to perform complex reconciliations involving fuel and foreign currencies.
[37] He considered that whatever Ms Sumpter’s duties were concerning the shared mailbox, they fell within the level 3 classification.
[38] He disputed Ms Sumpter’s evidence that she supervised or delegated work to others.
[39] He considered that there has been no change in Ms Sumpter’s responsibility or complexity of functions as to checking of invoices. She certainly has never been responsible for verification or authorisation of invoices or credit notes.
[40] As to the alleged training of Level 4 employees, Mr Liaw said that both the employees had longer service than Ms Sumpter and in any case whatever Ms Sumpter may have done, it was no more than on an ad-hoc basis.
[41] He disputed that Ms Sumpter is required to exercise a high level of communication skills in her role. Responding to internal and external queries is part of Level 3 functions.
[42] Finally, he accepted that Ms Sumpter may have been paid a buddy allowance but was unaware of the circumstances in that regard.
[43] The evidence of Ms Shally Narayan, Financial Control and Reporting Manager of Eastern included that the key responsibilities of Ms Sumpter in her role of Level 3 Accounts Clerk are the accurate and timely input of creditor invoices/credits, using Oracle, TRAX and More4Apps and responding to supplier and internal queries. The data entry role for TRAX invoice processing essentially involves picking up an invoice, matching it to the purchase order in TRAX and entering the information from the invoice into TRAX.
[44] The key differences between a Level 3 Accounts Clerk and a Level 4 Senior Accounts Clerk are that a Level 4 Senior Accounts Clerk is required to perform complex fuel reconciliations and supervise other members of the Accounts Payable team. These tasks are not required of Ms Sumpter.
[45] Ms Narayan said that she was not aware of Ms Sumpter’s performing reconciliations involving fuel and foreign currency.
[46] She disputed Ms Sumpter’s assertion that she administered the shared mailbox. In any case, this task falls within the Level 3 classification, being: “use central computer resource and/or personal computer to access and interpret routine data”.
[47] She disputed that Ms Sumpter delegates tasks to other staff. Ms Sumpter is the most junior employee in the Accounts Payable team at Tamworth and does not have anyone reporting to her. Accordingly, she does not supervise or delegate work to any other employee.
[48] She disputed that Ms Sumpter now has to ensure the correct coding of invoices. This is the responsibility of managers. Ms Sumpter’s role is simply data entry, although she is requested to have an understanding of the Chart of Accounts to help double check the coding. In around October 2010, a new system called e-invoice was introduced. With the introduction of this system, the Accounts Payable team was required to assist with coding some invoices. Since October 2010, Ms Sumpter has coded five e-invoices and none since December 2010 out of approximately 1200 per month. In contrast, Ms Finlay (a Level 4 employee) has coded 10 to 250 invoices per month since October 2010.
[49] She disputed that Ms Sumpter is responsible for verification or authorisation of invoices or credit notes. The relevant business manager is responsible for verification of invoices. No one in Accounts Payable is able to authorise invoices. Only people with appropriate financial delegation are able to authorise invoices. Ms Sumpter’s role is to check that the invoices have been verified and authorised before they are entered into Oracle.
[50] In response to Ms Sumpter’s assertion that her skills and responsibilities had increased with the introduction of Oracle, More4Apps and TRAX, Ms Narayan responded by firstly stating that there are three levels of access in Oracle: data entry; supervision and administration. Ms Sumpter has data entry access only. With the introduction of Oracle, a new tool known as More4Apps was also introduced. This is essentially an Excel spreadsheet which allows accounts clerks to enter a number of invoices into the spreadsheet and then post the details into Oracle in one batch. This was a template tool designed to simplify and streamline the data entry process but does not change the nature of the functions performed by Ms Sumpter which is data entry.
[51] TRAX is a system in which Ms Sumpter is required to enter pre-approved purchase orders. Ms Sumpter’s role is a data entry role, simply entering the details of the relevant invoices into the system. Ms Sumpter does not verify or authorise any invoices.
[52] In response to Ms Sumpter’s assertion that she performed training, Ms Narayan said that she never asked Ms Sumpter to perform any training. She was not aware that she has conducted any training, and would be surprised if she has done so. There is a significant difference between ad-hoc assistance and training.
[53] Ms Narayan rejected Ms Sumpter’s assertion that she is responsible for month end, close of business or end of year reporting. The Accounts Payable Supervisor was responsible for these reports. Since Ms Dewhurst (the former supervisor) resigned, these tasks have been allocated to the financial accountant.
[54] Ms Narayan rejected Ms Sumpter’s statement that she “has regularly interpreted telephone usage reports and prepared financial assessment for management approval.” This misstates Ms Sumpter’s role. Ms Sumpter simply enters data from hard copy phone bills into the spreadsheet. There is no interpretation required from Ms Sumpter.
[55] She also said that Ms Sumpter exaggerated her role in regard to spreadsheets. Accounts clerks are only very occasionally required to set up formulas or formatting in spreadsheets. Most spreadsheets are set up by finance team in Sydney and the accounts clerks are then requested to enter data into the template spreadsheet. This is a basic clerical task that requires only a basic knowledge of Microsoft Excel as classified in Level 3 descriptor “apply knowledge of advanced functions of application software packages”.
[56] Ms Narayan disputed that Ms Sumpter is required to exercise a high level of communication skills in her role.
[57] Ms Narayan agreed that the manner in which Ms Sumpter performs her role has changed. Eastern has introduced new programs and systems which have simplified and streamlined data entry. Although volumes have increased the systems introduced have resulted in Ms Sumpter’s work being manageable. Her job remains to enter data from invoices into the appropriate system.
[58] Ms Narayan was shown a document (Exhibit EA4). She explained that prior to October 2010, some 1200 to 1500 manual invoices were processed through Tamworth. Since the introduction of the e-invoice system the manual invoices have reduced by 50% to 75%. Exhibit EA4 showed that Ms Sumpter has performed only 5 e-invoice transactions in late 2010 and none in 2011. It also showed that that no More4Apps transactions have been performed by Ms Sumpter since February 2010.
[59] She explained that the payment of the buddy allowance was on an ad-hoc payment for 15 - 20 hours of such training. She has not provided training since January 2010.
Conclusion
[60] I should indicate at the outset that I do not accept the relevance of arguments going to Ms Sumpter’s apparent ability to perform some Level 4 duties whilst replacing Level 4 employees absent on maternity leave. I am being asked to determine the proper classification level for Ms Sumpter in her substantive role, not in the role of others.
[61] I also dismiss any proposition that some added weight needs to be given in Ms Sumpter’s favour because of the limited progression opportunities available in Tamworth. The Agreement provides no such “weighting” and I am therefore unable to provide for it.
[62] My real focus is to critically evaluate whether or not, Ms Sumpter’s substantive role falls within the Level 4 definition in the Agreement.
[63] In determining whether an employee has at least three skills needed (clause 52.1) from among the apparent nine skills set out for Level 4, I consider that the correct approach is neither to be satisfied with one descriptor to justify the possession of the skill nor to require that all descriptors should be satisfied. Rather, it is appropriate to view the descriptors as a broad grouping. The general flavour of the grouping of descriptors must be evident in the employee’s functions to satisfy the possession of the skill.
[64] It was said by Ms Sumpter that she possessed “Computer” skills. (see [26] above)
[65] There were substantial differences between the evidence of Ms Sumpter on one part and Mr Liaw and Ms Narayan on the other. Given my findings below, it is not necessary to determine whether Ms Sumpter has the “Computer” skills of Level 4.
[66] It was said by Ms Sumpter that she possessed the “Word Processing” skill. (see [26] above)
[67] There was no evidence that Ms Sumpter used “complex functions such as moving columns, creating displays of charts and/or graphs or in booklet or report format”. (see [5] above) She may apply data into a range of databases which may have columns, charts etc. She may be able to efficiently work with columns, displays etc. But this does not mean that she moves and creates columns and displays etc. Indeed, her evidence at paragraph 22 of her statement (Exhibit USU 1) and repeated at [26] above is: “I am able to satisfy the requirements of the criteria because I am able to collect and collate data and apply in complex spreadsheets”. Collecting and collating data and then applying such to spreadsheets is not the same as able to use complex functions by moving columns and creating displays. Her evidence is consistent with applying data into set parameters rather than altering the parameters themselves.
[68] I find that Ms Sumpter does not possess the “Word Processing” skill of Level 4.
[69] It was said by Ms Sumpter that she possesses the Level 4 skill of “Information Handling”. (see [26] above)
[70] Nothing of substance was put by Ms Sumpter that satisfies me that she is able to establish new record systems, assist in research and make reports and recommendations as to areas of performance. I consider that this skill contemplates someone who applies initiative in establishing new processes and making recommendations for and monitoring of performance.
[71] Ms Sumpter describes her relevant skill as competent “at supplier trend reporting”. That is insufficiently relevant to the package of descriptors for Information Handling.
[72] I find that Ms Sumpter does not possess the skill of “Information Handling” of Level 4.
[73] It was put by Ms Sumpter that she possesses the “Business and Financial” skill. (see [26] above)
[74] That skill encompasses the need to interpret and prepare various financial reports for management, assist in the preparation of tax, payroll and other financial requirements, calculate prices, allocate costs and resolving complex reconciliation problems. (see [5] above)
[75] Ms Sumpter pointed to her interpretation of telephone usage reports and preparation of financial assessments. She said that she performed fuel and foreign currency reconciliation. She also said that she was responsible for verification and authorization of invoices and credit notes and invoice coding.
[76] The evidence of Eastern’s witnesses was that Ms Sumpter has never been responsible for verification or authorization of invoices and credit notes. Nor is she responsible for ensuring that correct coding of invoices is applied. All that Ms Sumpter is required to do is ensure that various invoices have been verified and authorized before entering the data.
[77] In cross-examination, Ms Sumpter conceded that she has not interpreted telephone usage nor performed fuel and foreign currency reconciliations in the past 12 months.
[78] On balance, I prefer the evidence of Eastern’s witnesses to that of Ms Sumpter as to this skill. On the basis of the evidence, I am unable to find that Ms Sumpter possesses the “Business and Financial” skill of Level 4, and most importantly her substantive role does not necessitate it.
[79] Ms Sumpter submitted that she possesses the “Coaching” skill of Level 4. (see [26] above)
[80] Ms Sumpter’s evidence was that she trained employees who were inexperienced in the accounts payable area. Some of those employees were Level 4 employees. She agreed however that no new employees have come into the accounts payable area since 2004.
[81] The evidence of Mr Liaw included that both Level 4 employees said to have been trained by Ms Sumpter had longer service than Ms Sumpter and in any case Ms Sumpter had merely assisted the other employees on an ad-hoc basis.
[82] Ms Narayan agreed that Ms Sumpter had been paid a buddy allowance some time ago. But this was an ad-hoc payment for 15 - 20 hours of training.
[83] I note some disagreement between M Sumpter on the one hand and Mr Liaw and Ms Narayan on the other as to the nature of Ms Sumpter’s assistance. What is not in dispute is that Ms Sumpter does not seem to have performed any training or coaching for some time. Even on her evidence, I fail to see how “Coaching” is a skill required by her employer in her current substantive role.
[84] I find that Ms Sumpter’s position does not require the performance of the Level 4 “Coaching” skill.
[85] Ms Sumpter put that she possesses the “Supervisory” skill of Level 4. (see [26] above)
[86] Ms Sumpter seemed to tie her supervisory functions and responsibility to the time that she said she was training employees. She accepted that this had occurred many years ago.
[87] Whether she performed supervision in the past is irrelevant to my task of determining whether Ms Sumpter’s substantive current role justifies Level 4 grading. There is nothing in the evidence that suggests she acts or is required to act in a supervisory role.
[88] Ms Sumpter also relied on some descriptors in the “Supervisory” skill such as resolving daily operational problems, co-ordinate workflow of the shared mailbox and delegate tasks to her colleagues.
[89] In response, I prefer the evidence of Mr Liaw and Ms Narayan that challenges Ms Sumpter’s assertion that she maintains the shared mailbox, and in any case, this is part of Level 3 functions. I also prefer the evidence of Mr Liaw and Ms Narayan that as the most junior employee in her work section at Tamworth she does not delegate work to others.
[90] Ms Sumpter has sought to rely on some individual descriptors in the “Supervisory” skill as it appears in the Agreement. Quite apart from the fact that she has not even satisfied me that she meets those descriptors (as I have noted just above) her approach disregards the need to see those descriptors as a grouping of items which amount to an employee playing a role where there is supervision and formal co-ordination of the work of others. None of that is established in Ms Sumpter’s case.
[91] I find Ms Sumpter does not possess the “Supervisory” skill of Level 4.
[92] It will be seen from my comments above that some of the duties and responsibilities of Ms Sumpter may have been exercised in the past. Unfortunately, her evidence did not specify with necessary precision the dates that they last ceased to be exercised.
[93] I would not discount a skill that was exercised somewhat proximate to the present. However, I am satisfied that the responsibilities and functions said by Ms Sumpter to have been exercised have not been applied for some time and I find that they are therefore not relevant to my determination as to Ms Sumpter’s correct current grading.
[94] The limited relevance, if any, of skills undertaken in the past or when replacing others (which I dealt with earlier) is of course related to my view that the classification of employees is guided by the work which the employer seeks that they perform in their substantive role. It is not what they may have done some time ago or what positions they may fill on an occasional basis. Such is clear from the first words of clause 52.1: “Employees in levels 2, 3 and 4 are required to use a minimum of three skills . . . ”. The word “required” is to be read as required now, not required in the past. Further, they are skills required for the job. It is not skills that are possessed by an employee but not required by the employer.
[95] Ms Sumpter referred to her increased workload, although Eastern referred to systems introduced to manage such increased volumes. In any case, an increase in workload is of limited relevance unless there is a demonstrated increase in nature or complexity of the work. I have not found it to be so.
[96] It was the case of Ms Sumpter that she possessed the Level 4 skills of “Computer”; “Word Processing”; “Information Handling”; “Business and Financial”; “Coaching” and “Supervisory”.
[97] I have found that she did not possess those skills excepting that of “Computer”. I made no finding in that regard.
[98] The Agreement provides at clause 52.1 that an employee at Level 4 is one that is required to use a minimum of three skills listed at the skill level. Given my findings, Ms Sumpter does not possess at least three of such skills.
[99] I find that Ms Sumpter is not a Level 4 employee.
[100] The application is dismissed.
COMMISSIONER
Appearances:
C. Young for the Applicant.
R. Bernasconi, solicitor for Eastern Australia Airlines
Hearing details:
2011
June 16, 20;
September 23.
Printed by authority of the Commonwealth Government Printer
<Price code C, PR515146>
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