[2015] FWC 5894
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Penalty rates
(AM2014/305)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 25 AUGUST 2015

4 yearly review of modern awards – penalty rates.

[1] The purpose of this statement is to outline the matters to be dealt with at the mention to be held at 9.00 am on Thursday 27 August 2015.

[2] As discussed at the mention on 5 August 2015 the purpose of the mention on 27 August 2015 is to finalise the arrangements in respect of the hospitality and expert evidence scheduled for 8 to 25 September 2015. A list of the lay hospitality witnesses is set out at Attachment 1.

[3] A draft schedule of the witness evidence is set out at Attachment 2. The draft schedule is based on the assumption that all witnesses are required for cross examination. Approximately 45 minutes is scheduled for each employer lay witness and a shorter period (about 20 minutes) is provided for each union lay witness, having regard to the differences in the character of the evidence. The Full Bench will be located in Sydney for the period of 8 to 18 September and in Melbourne for the week of 21 to 25 September 2015. Video links will be provided as required. The draft witness schedule will be discussed at the mention on 27 August 2015.

[4] The Commission has received correspondence from Restaurant & Catering Industrial seeking to amend the revised directions issued on 7 August 2015. A copy of the correspondence and the revised directions are at Attachment 3. This correspondence will be discussed at the mention on 27 August 2015.

[5] To ensure that the mention on 27 August 2015 proceeds as efficiently as possible parties are directed to file any comments on the draft witness schedule and the proposed amendments to the revised directions to amod@fwc.gov.au by no later than 4.00 pm on Wednesday 26 August 2015. Interested parties are encouraged to discuss these matters among themselves with a view to arriving at a consent position.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, PR571224>

ATTACHMENT 1—Lay Witnesses—Hospitality Evidence

 

Employer witness

 

Union witness

 

Witness

Title / Position

Location

AHA and AAA

    1.

Colin Waller

Hotel Owner, The Heads Hotel Motel P/L

Shoalhaven Heads, NSW

    2.

Darren Gunn

Hotel Owner, Crescent Head Tavern

Crescent Head, NSW

    3.

Dean William Trengrove

Hotel Owner of Mulga Hill Tavern

Broken Hill, NSW

    4.

Helen Sergi

Owner of the Steam Packet Hotel, Nelligen, NSW

Batehaven, NSW

    5.

Ian Green

Owner of the Courthouse Hotel, Mudgee, NSW

Mudgee, NSW

    6.

Joanne Blair

Director of Zamovisa Emloyment P/L

Sydney, NSW

    7.

John Andrew Dowd

Hotel Owner of Croote P/L which trades as Lightning Ridge Outback Resort & Caravan Park

Lightning Ridge, NSW

    8.

Kasie Ferguson

Owner and Mgr of Railway Hotel in Parkes, NSW

Parkes, NSW

    9.

Patrick Gallagher

Owner of the Gallagher Group of Hotels

North Sydney, NSW

    10.

Philip Tudor

Owner of the Hotel Canobolas

Orange, NSW

    11.

Samantha Walder

Director of HR at the Intercontinental, Double Bay

Double Bay, NSW

    12.

Susan Cameron

Owner of the Lord Roberts Hotel

Sydney, NSW

    13.

Daryl Walker

Revenue Mgr of Lilianfels Blue Mountains

Katoomba, NSW

    14.

Michael Mark Karney

Owner of Small Bar P/L which trades as Bar Petite in Newcastle, NSW

Newcastle, NSW

    15.

Graham Annovazzi

Hotel Owner of Capertee Royal Hotel

Capertee, NSW

    16.

Albert Hakfoort

CEO of network of hotels in Qld

Qld

    17.

Anthony Lebherz

Manager of Shearers Arms Tavern

Ormeau, Qld

    18.

Clive Johnston

Owner of Pencray P/L, trading as Prince Alfred Hotel, Booval, Qld

Ipswich, Qld

    19.

David Gibson

Owner, Westcourt Tavern, Westcourt, Qld

Brisbane, Qld

    20.

David Ovenden

Group Operations Manager, Glen Hotel

Eight Mile Plains, Qld

    21.

John Clarkson

Director of Katie 180 P/L which operates the Tattersall’s hotel

Toowoomba, Qld

    22.

Mel Tait

General Manager for Murrumba Downs Tavern

Murrumba Downs, Qld

    23.

Peter Johnston

Owner of the Ulster Hotel

Ipswich, Qld

    24.

Peter Sullivan

Owner of Grogbaron P/L which trades as the Queensland Hotel Goondiwindi

Goondiwindi, Qld

    25.

Sue Mitchell

Hotel Owner of the Victoria Tavern

Rockhampton, Qld

    26.

Vanessa Anderson

HR Mgr of the Pacific Hotel, Cairns

Cairns, Qld

    27.

Will Cordwell

Hotel Owner of Cordwell Investments P/L which trades as Ascot Hotel in North Rockhampton

North Rockhampton, Qld

    28.

Belinda Usher

Owner and Manager of The Fitzroy Beer Garden

Fitzroy, Vic

    29.

Dan Cronin

Hotel Owner and Manager of Western Hotel

Ballarat, Vic

    30.

Dennis Madden

Director and Mgr of Madden’s Commercial Hotel

Camperdown, Vic

    31.

Peter Williams

Owner and Mgr of San Remo Hotel

San Remo, Vic

    32.

Jackie Booth

Chief Operating Officer of Zagame Corporation

Melbourne, Vic

    33.

Jim Ryan

Hotel Owner /Manager of Gippsland Hotel

Sale, Vic

    34.

Tim Bilston

General Manager of the Amora Hotel Riverwalk Melbourne in Richmond, Vic

Melbourne, Vic

    35.

Tony Cakmar

General Manager of Clarion Suites Getaway in Melbourne

Melbourne, Vic

    36.

Michelle Morrow

Financial Controller and HR Mgr of Hunger Management Service P/L

Vic

    37.

Michael Burke

Business Owner (part-owner) of Hotel Malvern P/L which trades as the Malvern Hotel

Malvern, Vic

    38.

Darren Lea Brown

Hotel Manager, Shoreline Hotel

Howrah, Tas

    39.

John Dabner

Director and Mgr of Tall Timbers

Smithton, Tas

    40.

Andrew Bullock

CEO of ‘1834 hotels’

Adelaide, SA

    41.

Keith McCallum

Hotel Owner/Mgr of Lonsdale Hotel

Lonsdale, SA

    42.

Rick Lovell

Hotel Owner of the Marryatville Hotel

Kensington, SA

    43.

Samuel McInnes

General Manager of the Hurley Hotel Group

Adelaide, SA

    44.

Sharon Martin

General Manager of the Adelaide Rockford Hotel

Adelaide, SA

    45.

Ashley Winn

Hotel Manager of Halikos Hospitality P/L

Darwin, NT

    46.

William KC Tam

Manager of Alatai Holiday Apartments in Darwin’s CBD

Darwin, NT

    47.

Fiona McDonald

Accounts Mgr of the Timber Creek Hotel

Timber Creek, NT / Kununurra, WA

Clubs Australia Industrial

    48.

Richard Ian David Tait

Executive Manager – Workplace Relations for The Registered Clubs Association of NSW

Sydney, NSW

    49.

Jeffrey Cox

Operations Manager of Coffs Ex Services Memorial and Sporting Club Ltd

Coffs Harbour, NSW

    50.

Paul Maskell Biddlestone

Chief Executive Officer of Batemans Bay Soldiers Club, NSW

Batemans Bay, NSW

    51.

Anthony Mark Casu

Club Manager of Narooma Sporting & Services Club Ltd in Narooma, NSW

Narooma, NSW

    52.

Gwyn Rees

Deputy Chief Executive of ClubsACT

Canberra, ACT

    53.

John Dellar

Club Manager of Club Hawthorn, Victoria

Hawthorn, Vic

    54.

David Bruce Orchard

Club Manager of Marcoola Surf Life Saving Supporters Club, Qld

Marcoola, Qld

Restaurant and Catering Industrial

    55.

Garry Joseph Klein

Business owner of Klein’s Coffee, Bar & Grill

Runaway Bay, Qld

    56.

John Hart

CEO of the Restaurant and Catering Industry Association of Australia Inc, trading as Restaurant & Catering Australia (R&C)

St Leonards, NSW

    57.

James Parker

Managing Director of Jetty Research

Coffs Harbour, NSW

    58.

Carlita Warren

Policy & Public Affairs Director of the Restaurant and Catering Industry Association of Australia Inc, trading as Restaurant & Catering Australia (R&C)

St Leonards, NSW

    59.

Richard Clark Rudkin

Business owner of Emrisk P/L trading as Peddling Beans

Griffith, NSW

    60.

Maila Reyes

Owner of The Entrance Lake House

NSW

    61.

Gianni Gugliemin

Business owner of Briscola, a pizzeria

Canberra, ACT

    62.

Allan Watson

Business owner of Taminick Springs P/L trading as Jimmy Watsons

Vic

    63.

Lisa Slaughter

Business owner of Ripponlea Food & Wine

Vic

    64.

Janece Ann Penney

Business owner of Zorina P/L trading as Diva Tea and Coffee House

Main Beach, Qld

    65.

Giuseppe Puntureri

Business owner of Audicue P/L trading as Gaucho’s Argentinian Restaurant

Adelaide, SA

    66.

Daniel Milky

Business owner of Argo On The Parade/Square and Juice Bureau

Norwood, SA

    67.

Brian Leyden

Business owner of Houghton’s Caf�, and Caf� Barre

Perth, WA

United Voice

    68.

Mary Quirk

Bar Manager

Coledale, NSW

    69.

Amit Gounder

Hotel Employee

Sydney, NSW

    70.

Karen Greentree

Assistant Manager

Terrigal, NSW

    71.

Jennifer Miller

Chef

Warburton, Vic

    72.

Andrew Sanders

Student

Melbourne, Vic

    73.

Akira Boardman

Food and beverage attendant

Vic

    74.

Keith Harvey

Director of Care Super

Vic

    75.

Steven Petrov

Gaming Supervisor

Ballarat, Vic

    76.

Angus Lonergan

Barista

Melbourne, Vic

    77.

Wayne Jones

Purchasing Officer and Head Cellar man

Bribie Island, Qld

    78.

Alexandra Kindness

Student and hospitality worker

Qld

    79.

Damian Cooper

Barman and Courtesy Bus Driver

Goodna, Qld

    80.

Carol Gordon

Receptionist

Launceston, Tas

    81.

Sean Davis

Duty Manager

Adelaide, SA

    82.

William King

Food and Beverage Attendant Level 3

SA

    83.

Rachel Zwarts

Apprentice chef

SA

    84.

Jan Syrek

Security Officer

Perth, WA

ATTACHMENT 2—DRAFT SCHEDULE OF WITNESS EVIDENCE

 

Employer witness

 

Union witness

8–11 September – SYDNEY

Tuesday 8 September

Wednesday 9 September

Thursday 10 September

Friday 11 September

9.30 am

Objections to lay hospitality evidence

9.30 am

8. Kasie Ferguson (NSW)

9.30 am

16. Albert Hakfoort (Q)

9.30 am

24. Peter Sullivan (Q)

10.15 am

1. Colin Waller (NSW)

10.15 am

9. Patrick Gallagher (NSW)

10.15 am

117. Anthony Lebherz (Q)

10.15 am

25. Sue Mitchell (Q)

11.00 am

2. Darren Gunn (NSW)

11.00 am

10. Philip Tudor (NSW)

11.00 am

18. Clive Johnston (Q)

11.00 am

26. Vanessa Anderson (Q)

11.45 am

3. Dean Trengrove (NSW)

11.45 am

11. Samantha Walder (NSW)

11.45 am

19. David Gibson (Q)

11.45 am

27. Will Cordwell (Q)

12.30 pm

4. Helen Sergi (NSW)

12.30 pm

12. Susan Cameron (NSW)

12.30 pm

20. David Ovenden (Q)

12.30 pm

adjournment

           

1.30 pm

28. Belinda Usher (V)

2.15 pm

5. Ian Green (NSW)

2.15 pm

13. Daryl Walker (NSW)

2.15 pm

21. John Clarkson (Q)

2.15 pm

29. Dan Cronin (V)

3.00 pm

6. Joanne Blair (NSW)

3.00 pm

14. Michael Karney (NSW)

3.00 pm

22. Mel Tait (Q)

3.00 pm

30. Dennis Madden (V)

3.45 pm

7. John Dowd (NSW)

3.45 pm

15. Graham Annovazzi (NSW)

3.45 pm

23. Peter Johnston (Q)

3.45 pm

31. Peter Williams (V)

4.00 pm

Objections to Expert evidence to be filed

 

14–18 September – SYDNEY

Monday 14 September

Tuesday 15 September

Wednesday 16 September

Thursday 17 September

Friday 18 September

9.30 am

32. Jackie Booth (V)

9.30 am

40. Andrew Bullock (SA)

9.30 am

48. Richard Tait (NSW)

9.30 am

56. John Hart (NSW)

9.30 am

64. Janece Penney (Q)

10.15 am

33. Jim Ryan (V)

10.15 am

41. Keith McCallum (SA)

10.15 am

49. Jeffrey Cox (NSW)

10.15 am

57. James Parker (NSW)

10.15 am

65. Giuseppe Puntureri (SA)

11.00 am

34. Tim Bilston (V)

11.00 am

42. Rick Lovell (SA)

11.00 am

50. Paul Biddlestone (NSW)

11.00 am

58. Carlita Warren (NSW)

11.00 am

66. Daniel Milky (SA)

11.45 am

35. Tony Cakmar (V)

11.45 am

43. Samuel McInnes (SA)

11.45 am

51. Anthony Casu (NSW)

11.45 am

59. Richard Rudkin (NSW)

11.45 am

67. Brian Leyden (WA)

12.30 pm

36. Michelle Morrow (V)

12.30 pm

44. Sharon Martin (SA)

12.30 pm

52. Gwyn Rees (ACT)

12.30 pm

60. Maila Reyes (NSW)

12.30 pm

adjournment

                   

2.15 pm

37. Michael Burke (V)

2.15 pm

45. Ashley Winn (NT)

2.15 pm

53. John Dellar (Vic)

2.15 pm

61. Gianni Gugliemin (ACT)

1.30 pm

68. Mary Quirk (NSW)

3.00 pm

38. Darren Brown (T)

3.00 pm

46. William KC Tam (NT)

3.00 pm

54. David Orchard (Q)

3.00 pm

62. Allan Watson (V)

 

69. Amit Gounder (NSW)

3.45 pm

39. John Dabner (T)

3.45 pm

47. Fiona McDonald (WA)

3.45 pm

55. Garry Klein (Q)

3.45 pm

63. Lisa Slaughter (V)

 

70. Karen Greentree (NSW)

21–25 September 2015 – Melbourne

Monday 21 September

Tuesday 22 – Friday 25 September

9.30 am

71. Jennifer Miller (V)

EXPERT WITNESSES (see Notes below)

 

72. Andrew Sanders (V)

 

Employer witnesses

 

Union witnesses

   
 

73. Akira Boardman (V)

 

Prof John Rose (NSW)

 

Prof John Quiggin (Q)

   
 

74. Keith Harvey (V)

 

Dr Sean Sands (V)

 

Dr Olav Muurlink (Q)

   
 

75. Steven Petrov (V)

 

Prof Phil Lewis (ACT)

 

Mr Kevin Kirchner (SA)

   
 

76. Angus Lonergan (V)

 

Ms Lynne Pezzullo (ACT)

 

Ms Serena Yu (NSW)

   

11.30 am

77. Wayne Jones (Q)

     

Dr Ian Watson (NSW)

   
 

78. Alexandra Kindness (Q)

     

Prof Morris Altman (NSW)

   
 

79. Damian Cooper (Q)

     

Prof Ray Markey (NSW)

   
 

80. Carol Gordon (Tas)

     

Dr Martin O’Brien (NSW)

   

2.15 pm

81. Sean Davis (SA)

     

Prof Damian Oliver (NSW)

   
 

82. William King (SA)

     

Prof Sara Charlesworth (V)

   
 

83. Rachel Zwart (SA)

     

Prof Jeff Borland (V)

   
 

84. Jan Syrek (WA)

               

* NOTES: 1. Which expert witnesses are required for cross-examinations and for how long?

2. The evidence of the employer witnesses will be dealt with first

fwc_logo

ATTACHMENT 3

REVISED DIRECTIONS


Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards—Penalty rates
(AM2014/305)

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT ASBURY
COMMISSIONER HAMPTON
COMMISSIONER LEE

MELBOURNE, 7 AUGUST 2015

4 yearly review of modern awards – penalty rates – revised final directions.

[6] The purpose of this statement is to provide further information about the scheduling of various proposals to vary penalty rates in a number of awards as part of the 4 yearly review of modern awards. A Statement and agreed directions in this matter were issued on 3 March 2015 following extensive consultation.

[7] On 24 July 2015 correspondence was received from the Shop, Distributive and Allied Employees Association and United Voice (jointly ‘the Unions’) seeking significant variations to the directions issued on 3 March 2015. The Unions note that some of the Employer parties had not complied with the directions, in that two of the statements from expert witnesses were filed one week late, and they expressed concern that there would be insufficient time to deal with all expert and hospitality evidence during the 14 sitting days scheduled in September. Among other changes, the alternative directions proposed by the Unions are:

[8] A mention was held at 9.00 am on Wednesday 5 August 2015 in relation to the scheduling for the hearings of the expert and hospitality evidence listed for 8 to 25 September 2015. The mention dealt with the correspondence referred to at paragraph 2 above; the sequence of witnesses and the venue for the hearings scheduled for 8 to 25 September 2015; the process for dealing with any objections to the evidence filed; and various requests for the production of certain documents. Following the mention correspondence was received from a number of parties dealing with their availability and the availability of their witnesses. The transcript of the mention hearing and all of the correspondence is available on the Commission’s website.

[9] We have had regard to the views expressed by all interested parties. It is apparent on the material before us that the 14 days presently allocated for hearing the expert evidence and the hospitality lay evidence (8 to 25 September 2015 inclusive) may not be sufficient. On present indications there will be 16 expert witnesses and in excess of 80 lay witnesses. We also note that some of the employer parties did not comply with the directions in relation to the filing of their expert evidence – two of the four expert witness statements were filed one week late. This non-compliance with directions requires some amendment to the directions issued on 3 March 2015 to ensure that other parties are not disadvantaged.

[10] We have decided to adopt a cautious approach to the revision of the existing directions given the inherent difficulties in estimating the time required to deal with witness evidence. We will further review the directions as the case progresses. The effect of the revised directions we propose to make now is as follows:

[11] Revised directions are now attached.

[12] As mentioned in the Statement issued on 3 March 2015, it is important that all parties comply with the various deadlines for filing material set out in the directions.

PRESIDENT