TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009                                       1057388

JUSTICE ROSS, PRESIDENT

AM2019/17

s.156 - 4 yearly review of modern awards

Four yearly review of modern awards

(AM2019/17)

Finalisation of Exposure Drafts – Road Transport and Distribution Award 2010

Melbourne

9.30 AM, THURSDAY, 24 OCTOBER 2019

PN1

JUSTICE ROSS:  Can I just have the appearances, please?

PN2

MS WALTON:  Walton, initial T, for the Transport Workers Union.

PN3

JUSTICE ROSS:  Thanks, Ms Walton.

PN4

MR FERGUSON:  Ferguson, initial B for the Australian Industry Group.

PN5

JUSTICE ROSS:  Thanks, Mr Ferguson.

PN6

MR JOHNS:  Johns, initial D for the National Road Transport Association.

PN7

JUSTICE ROSS:  Thanks, Mr Jones.  Look, the purpose of the mention is we received a supplementary submission from the National Road Transport Association, and it deals with this issue of the divisor, that is, whether it is 38 or 35 for oil distribution workers.  This was the subject of some discussion during the hearing of these exposure drafts, and I think Ms Bhatt for Ai Group indicated that - the issue in dispute was mainly between the TWU and NatRoad about whether or not the TWU was pursuing a particular claim or an issue.  Ms Bhatt pointed out that, well, perhaps the issue is not being pursued because the exposure draft reflects the division of the weekly rates by 35 in the hourly rates schedule at the back.  That then prompted NatRoad to write, the essence of which is that they don't agree that the divisor should be 38.  Sorry, they don't agree the divisor should be 35.

PN8

The purpose of this mention is, well, how are we going to resolve this issue?  We have a hearing scheduled for the tranche 2 awards, bear with me for a moment, on 16, 17 and 18, I think, of December.  We could - in any event, we  have those days.  One option, I think it's listed for the 18th, but we could list this matter on the 17th.  I am just not sure - I don't have a feeling for how long the parties are going to want in order to address this issue, or what process you want to address it.  We could simply have arising from today's mention that each of you can file a submission within, say, four weeks, setting out what you say the position should be and your argument in support, and then we can have an oral hearing during the course of the currently scheduled hearing to deal with the tranche 2 awards.  But the reason for the mention is I didn't want to presume that course without talking to you first, because I don't - if you wanted to spend a day arguing about it, well, we'd need to schedule a day because otherwise it will disrupt the rest of the hearing for the tranche 2 awards.  What do you think about the - let's go to the at least initial proposal for discussion, that each of you file a submission setting out your position and what you say in support of that position?  If you do that by four weeks from tomorrow, and we then deal with the matter by way of oral submission during the course of the tranche 2 hearing.  Mr Johns?

PN9

MS WALTON:  That's suitable for us, Your Honour.

PN10

JUSTICE ROSS:  That's okay with you, Ms Walton.  Thank you.

PN11

MS WALTON:  Yes, that's right.

PN12

JUSTICE ROSS:  Mr Johns?

PN13

MR JOHNS:  Your Honour, given the way that the - I suppose the agitating or initiating party in this matter, yes, that opportunity to put written submissions before the commission with the oral hearing is necessary and I think is most appropriate, Your Honour.

PN14

JUSTICE ROSS:  Mr Ferguson?

PN15

MR FERGUSON:  We're happy with that course of action, Your Honour.

PN16

JUSTICE ROSS:  I will put out a short directions in relation to it, and that will also give you a specific time at which the oral submissions will be heard so that you will know that's when we'll deal with this award, and probably any of the other transport awards that NatRoad and the TWU have an interest in in particular.  Your interests are more broad, Mr Ferguson, so you will probably be there for the entire time in any event.  But we will try and group the transport ones and let you know the time and date for that.  All right?

PN17

MR FERGUSON:  Transport awards being grouped helps us, too.

PN18

JUSTICE ROSS:  No problem, all right.  Is there anything else?  No?  All right.  If you have got any questions once the directions come out, just contact my chambers and we will sort it out.  All right, thanks very much.

PN19

MR JOHNS:  Thank you, Your Honour.

PN20

MS WALTON:  Thank you, bye.

ADJOURNED INDEFINITELY                                                          [9.35 AM]