TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009
VICE PRESIDENT HATCHER
AM2021/54
cl.48, Schedule 1 of the Fair Work Act 2009
Variation of a modern award
(AM2021/54)
Telstra Award 2015
Melbourne
4.00 PM, MONDAY, 23 AUGUST 2021
PN1
THE VICE PRESIDENT: I'll take the appearances. Mr Kemppi, you appear for the ACTU.
PN2
MR KEMPPI: Yes, Vice President.
PN3
THE VICE PRESIDENT: Ms Wiles, you appear for the CFMMEU.
PN4
MS WILES: Yes, Vice President.
PN5
THE VICE PRESIDENT: Ms Tobin, you appear for the AMWU.
PN6
MS TOBIN: That's right, Vice President.
PN7
THE VICE PRESIDENT: Mr Pardo, you appear for the SDA.
PN8
MR PARDO: Yes, Vice President.
PN9
THE VICE PRESIDENT: Mr Duncalfe, you appear for the AWU.
PN10
MR DUNCALFE: That's correct, Vice President.
PN11
THE VICE PRESIDENT: Ms Miflin, you appear for the UWU.
PN12
MS MIFLIN: Yes, thank you, Vice President.
PN13
THE VICE PRESIDENT: Mr Arndt, you appear for Australian Business Industrial and New South Wales Business Chamber.
PN14
MR ARNDT: Thank you, Vice President.
PN15
THE VICE PRESIDENT: Mr Smith, you appear for Australian Industry Group.
PN16
MR SMITH: Thank you, Vice President.
PN17
THE VICE PRESIDENT: And Mr Hodges, you appear for the Victorian Automotive Chamber of Commerce.
PN18
MR HODGES: Yes, thank you, Vice President.
PN19
THE VICE PRESIDENT: All right. Just by reference to the notice of listing, can I first address the five awards which are grouped together and - the five awards and award clauses which are grouped together and relate to casual conversion provisions. In relation to - I think there was one exception, the casual conversion clauses in group one awards, there was consent to treat those matters as a common issue. Did the parties take issue with the proposition that likewise in respect of these five award clauses they should be dealt with as a common issue? Does anyone wish to take issue with that? Well, I'm hearing absolute silence. Can I take that to be agreement to that proposition?
PN20
MR SMITH: Yes, no difficulties from Ai Group, Your Honour.
PN21
THE VICE PRESIDENT: All right. Well, I'll assume there's assent to that proposition. So what I propose to do in respect of those award clauses, as indicated the final hearing about these matters will be on 6 and 7 September, s unless any party wishes to dispute this, I propose that the parties that are disputing the provisional view should file any evidence and submissions by 26 August, and that any evidence and submissions in reply should be filed by 2 September. Does any other party wish to take issue with those directions? No, all right, those directions will be made.
PN22
I'll now deal with the remaining four awards and award clauses. The Alpine Resorts Award, am I right in saying that the SDA is the only party attending today that wishes to be heard in relation to that award? Mr Pardo, are you there?
PN23
MR PARDO: Yes, Vice President.
PN24
THE VICE PRESIDENT: You wish to be heard in relation to that award, do you?
PN25
MR PARDO: Yes, Vice President.
PN26
THE VICE PRESIDENT: Yes. There's no other party that wishes to be heard in relation to that award?
PN27
MR PARDO: Not to my knowledge, Vice President.
PN28
THE VICE PRESIDENT: Right. Mr Pardo, do you wish to file any further submissions or evidence in relation to your objection to the provisional view?
PN29
MR PARDO: Yes, Vice President. If it's convenient if we had until 4 pm Friday that would be ample time for us to file.
PN30
THE VICE PRESIDENT: Well, that might not be enough - might be too much, I'm afraid. Just hold on.
PN31
MR PARDO: Yes, Vice President.
PN32
THE VICE PRESIDENT: Yes, all right. So for that award, 27 September(sic) for the SDA.
PN33
MR PARDO: May it please the Commission, thank you, Vice President.
PN34
THE VICE PRESIDENT: And if any party wishes to respond to that will have until 2 September. The next one is the Cleaning Services Award. So who wishes to be heard in relation to that award? So the UWU, is that right?
PN35
MS MIFLIN: Yes, that's right. Thank you, Vice President.
PN36
THE VICE PRESIDENT: Do any of the employer organisations wish to be heard in relation to that award?
PN37
MR SMITH: Vice President, Ai Group has a significant interest in that matter and wishes to be heard. Thank you.
PN38
THE VICE PRESIDENT: Now just remind me, Mr Smith, you're the organisation objecting to the provisional view there. Is that right?
PN39
MR SMITH: That's correct. We won't need a lot of time because we've set out in a fair bit of detail in our written submissions the issues but we would like to be heard.
PN40
THE VICE PRESIDENT: Right. Do you wish to file any further written submissions or evidence?
PN41
MR SMITH: Not unless anything else is filed, your Honour. We're happy to rely on what's already been filed.
PN42
THE VICE PRESIDENT: Right. So from the UWU's perspective, do you wish to file any submissions or evidence in response to what the AIG has already filed?
PN43
MS MIFLIN: Yes, if we could, Vice President.
PN44
THE VICE PRESIDENT: All right. So in relation to the Cleaning Services Award, I'll allow the UWU and any other party which wishes to respond to the AIG's submission already filed, to file their evidence and submissions by 27 September and Mr Smith, you can have until 2 September to file anything in reply. Is that suitable?
PN45
MS MIFLIN: Sorry, Vice President, what was that date for us?
PN46
THE VICE PRESIDENT: Sorry, I said September, 27 August.
PN47
MS MIFLIN: Yes, yes, that's fine. Thank you.
PN48
THE VICE PRESIDENT: And for you, Mr Smith, 2 September.
PN49
MR SMITH: Yes, that's fine, Vice President. Thank you.
PN50
THE VICE PRESIDENT: Right, thank you. Next is the Horse and Greyhound Training Award. Mr Duncalfe, you appear in relation to that award?
PN51
MR DUNCALFE: That's correct, Vice President.
PN52
THE VICE PRESIDENT: Do any of the employer organisations wish to make submissions about that award? No, all right. Mr Duncalfe, does the AWU wish to file further evidence and submissions in relation to clause 10.7 of that award?
PN53
MR DUNCALFE: No, Vice President. We're content with relying on our written subs that have already been filed.
PN54
THE VICE PRESIDENT: All right. What I'll simply do is make a direction that any party which wishes to reply to the AWU's submissions already filed they should do so by 27 August. And then there's residual matter in relation to clauses 11.1 and 11.12 of the Textile Award. Ms Wiles, your organisation's already filed fairly extensive submissions, I think, in relation to that matter.
PN55
MS WILES: Thank you, Vice President. Look, we would like an opportunity to make some brief submissions in response to the AIG contentions, if that is possible.
PN56
THE VICE PRESIDENT: All right. And Mr Smith, would you likewise want the opportunity to file submissions in response to the CFMMEU's submissions?
PN57
MR SMITH: Yes, thank you, Vice President. They were quite detailed and we haven't had a chance to study those yet, so if we could have an opportunity to put in some additional submissions that would be great.
PN58
THE VICE PRESIDENT: All right. So what I think I'll do, I'll allow both sides until 30 August to file submissions in response to each other's submissions. Is that appropriate?
PN59
MS WILES: Thank you, Vice President, yes, that would be good for us.
PN60
MR SMITH: Yes, thank you, Vice President.
PN61
THE VICE PRESIDENT: All right, thank you. Well, I think we've dealt with everything. The parties can expect that in due course there'll be a hearing program published for the hearings on 6 and 7 September but that won't be until we get the responses for the Group 3 awards. Does any party have anything else they wish to raise? No, all right. I thank you for your attendance and we'll now adjourn.
ADJOURNED INDEFINITELY [4.20 PM]