TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 28041-1

VICE PRESIDENT WATSON

AM2010/54 AM2010/56 AM2010/57

s.158 - Application to vary or revoke a modern award

Application by Liquor, Hospitality and Miscellaneous Union
(AM2010/54)

Application by Clubs Australia
(AM2010/56)

Applicaition by Club Manager
(AM2010/57)

Registered and Licensed Clubs Award 2010
(ODN AM2008/40)
[MA000058 Print PR988702]]


Sydney

2.03 PM, THURSDAY, 17 JUNE 2010

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA TELEPHONE AND RECORDED IN SYDNEY

PN44

THE VICE PRESIDENT: I'll take your appearances, please?

PN45

MR P COOPER: Your Honour, my name is Peter Cooper, I appear on behalf of the Club Managers Association. Thank you.

PN46

THE VICE PRESIDENT: Mr Cooper.

PN47

MR SWANCOTT: Your Honour, I appear for the LHMU in the three matters. My name is Swancott.

PN48

THE VICE PRESIDENT: Mr Swancott. And on the telephone?

PN49

MR J CROSS: Thank you, your Honour. Cross, Initial J, I appear on behalf of Clubs Australia in all three matters.

PN50

THE VICE PRESIDENT: Thank you, Mr Cross. Mr Swancott?

PN51

MR SWANCOTT: Your Honour, on behalf of the three organisations that are represented and that have been involved in the matters to date, including two conferences chaired by your Honour in the past couple of weeks, the LHMU forwarded to your Chambers on June 15, a final agreed draft determination which we inadvertently called a draft order. The - - -

PN52

THE VICE PRESIDENT: Yes, I have that on the file.

PN53

MR SWANCOTT: Thank you, your Honour. I won't go into detail because I think the subject matter of the draft is familiar to you, but suffice it to say that the parties benefited from the conferences and have, as I understand it, reached agreement on all aspect of the three applications and so those applications have, in effect, have been dealt with together in the one order, settling all three. Thank you, your Honour.

PN54

THE VICE PRESIDENT: Mr Swancott, you say that these changes are necessary to give effect to the modern awards objective.

PN55

MR SWANCOTT: Yes, your Honour. We say that the various aspects for either under section 158 or 160 - in a couple of cases they're designed to remove ambiguity or uncertainty.

PN56

THE VICE PRESIDENT: Yes.

PN57

MR SWANCOTT: And then the rest they are to vary the safety net consistent with the modern award objective.

PN58

THE VICE PRESIDENT: And what do you say is the appropriate operative date for the determination?

PN59

MR SWANCOTT: Well, your Honour, we'd have no objection to today's date being the operative date. There doesn't seem to be, in our view at least, any benefit in retrospectivity and, in fact, more complications than - would arise if it were to operate from 1January. So we'd be content with an operative date of the first pay period, perhaps, after today's date.

PN60

THE VICE PRESIDENT: Yes. Yes, thank you. Mr Cooper?

PN61

MR COOPER: Your Honour, I support the words of Mr Swancott that the final draft order - a put a fair bit of work and negotiations took place and I think that it got over the line with your assistance through the two conferences held in May - and it was the latest 9 June, so I'd like to put on record our thanks for your assistance in arriving at a situation where we're bound to - sought the award to allow for its practical application without any future problems that could arise from the ambiguities that we uncovered. Thank you.

PN62

THE VICE PRESIDENT: Mr Cross?

PN63

MR CROSS: Thank you, your Honour. Clubs Australia support the summary put forward by Mr Swancott in his submissions in relation why the draft order comprised of modernisation objectives or ambiguity pursuant to section 160 of the Act.

PN64

THE VICE PRESIDENT: Yes, thank you. Thank you for those submissions. I'm satisfied that the matters raised in the application and contained in the draft determination resolve a number of ambiguities, and are justified pursuant to the provisions of section 160 and section 157 of the Fair Work Act. I congratulate the parties on their cooperative and constructive approach to resolving these matters and I will note the determination in terms of the agreed document. The determination will come into effect on the first pay period on or after today. These proceedings are now adjourned.

<ADJOURNED INDEFINITELY [2.07PM]