STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Restaurant Industry Award—Substantive claims
(AM2017/57)

4 yearly review of modern awards – award stage – Restaurant Industry Award 2010 – substantive issues Restaurant Industry Award 2010 - substantive issues.

This Statement has been prepared to facilitate the mention listed for Tuesday, 20 November 2018 at 12:30pm. It does not represent the concluded view of the Commission on any issue.

[1] An issue has arisen in the proceedings dealing with the substantive claims to vary the Restaurant Industry Award 2010, concerning the preparedness of three witnesses to attend Commission offices to give evidence in person.

[2] Restaurant and Catering Industrial (RCI) has filed three witness statements in the matter:

•  Glen Day;

•  Francis Brailey; and

•  Kris Bunder.

[3] Orders to Produce were issued on 16 November 2018 requiring each witness to provide documents referred to in their respective witness statements to the Fair Work Commission by 4pm Wednesday, 21 November 2018.

[4] The matter is listed for hearing on Monday, 26 November at 9:30am. At this stage it is intended that the witness evidence will be dealt with in the morning.

[5] RCI has requested all three witnesses appear by telephone at the hearing, citing obligations to their businesses. The request is opposed by United Voice.

[6] According to the witness statements, the details of each witness are:

(i) Glen Day

Business: Aruba Pty Ltd, Surfers Paradise, QLD (comprising of 4 restaurants)

Business opening hours: 8am-9pm Mon-Fri; 8am-11pm weekends

(ii) Francis Brailey

Business: The Marina Café Church Point, 1856 Pittwater Road, Church Point, NSW

Business opening hours: 7 days a week, 8:00am-3:30pm, Friday/Saturday to 8:00am-10:00pm

(iii) Kris Bunder:

Business: Café Developments (SA) Pty Ltd T/A Café Del Giorno, 80 Tasman Terrace, Port Lincoln, SA

Business opening hours: 7:30am-10:00pm Mon-Sat; 8:00am-10:00pm Sunday

Provisional view

[7] To accommodate the requirements of the witnesses, it is our provisional view that the witness evidence be heard in person by the witnesses attending the premises listed below at the times indicated;

Glen Day:

Two options:

(i) 5:30pm (NSW time; 4:30pm QLD time), Sunday 25 November 2018 at Fair Work Commission, Central Plaza Two, 66 Eagle Street, Brisbane (by video link);

OR

(ii) 8:00am (NSW time; 7:00am QLD time), Sunday 25 November 2018 at Fair Work Commission, Central Plaza Two, 66 Eagle Street, Brisbane (by video link).

Francis Brailey:

6:00pm (NSW time), Sunday 25 November 2018 at Fair Work Commission, 80 William Street, East Sydney.

Kris Bunder:

10:00am (SA time; 10:30am NSW time), Monday 26 November 2018 at Port Lincoln Magistrates’ Court, 1 Liverpool Street, Port Lincoln (by video link). We note the Port Lincoln Magistrates’ Court is approximately 4 minutes’ walk from Mr Bunder’s business.

[8] This matter is listed for mention on Tuesday, 20 November at 12:30pm by telephone. Parties will be invited to comment on the provisional view at the commencement of the mention.

PRESIDENT

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