STATEMENT

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

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

4 yearly review of modern awards – penalty rates.

[1] This statement deals with various issues in relation to the Penalty rates matter currently being dealt with by the Fair Work Commission (the Commission) as part of the 4 yearly review of modern awards.

Scheduling of witnesses

[2] This matter is listed for the hearing of the hospitality lay evidence and some expert evidence from 8 to 25 September 2015. The proposed timetable for the scheduling of witnesses is set out at Attachment A to this statement.

[3] United Voice seeks three changes to the proposed timetable. The hearings will proceed based on the joint proposed timetable however the changes sought by United Voice will be considered at the commencement of the proceedings on Tuesday, 8 September 2015.

Notices to produce

[4] Objections have been filed in respect of two sets of notice to produce. The first set of objections concerns a number of notices in relation to expert evidence. There is also a dispute about three notices to produce filed by United Voice on 1 September 2015 in relation to certain lay hospitality evidence. These notices were filed, albeit late, in accordance with item 3 of the Revised Directions of 7 August 2015.

[5] Submissions in relation to the objections to the notices to produce will be heard at the commencement of the proceedings on 8 September 2015.

Objections to lay evidence

[6] In the Statement issued on 3 March 2015 1 the Commission stated that:

“[4] Witness statements must not contain submissions or opinion, unless the evidence is provided by an expert qualified to provide opinion evidence. Prior to the oral hearings the Full Bench will deal with any objections to the witness statements filed. Material that is considered to be inadmissible will be struck out.”

[7] Revised final directions issued on 7 August 2015 ([2015] FWC 5894) provided as follows:

(iii) Any objection/s by any party to any of the lay hospitality evidence are to be filed by 4.00 pm Friday 28 August 2015. Parties should set out the aspect of the evidence which is the subject of the objection, the nature of the objection and a short submission in support of the position put (including a reference to any relevant authorities). Any objections to the lay hospitality evidence filed will be dealt with at the commencement of the proceedings on Tuesday 8 September 2015.

[8] Objections to lay evidence were filed by United Voice, AHA and AAA and ABI/NSWBC.

[9] United Voice filed objections in relation to the following witnesses:

• John Hart



• James Parker



• Garry Klein



• Gianni Guglielmin



• Brian Leyden



• Janice Penney



• Guiseppe Puntureri (witness withdrawn)



• Maila Reyes



• Richard Rudkin



• Richard Tait



• Gwyn Rees



• Paul Maskell Biddlestone (witness withdrawn)



• Jeffrey Cox



• John Dellar



• Vanessa Anderson



• Graham Annovazzi



• Joanne Blair



• Darren Lea Brown



• Andrew Bullock



• Michael Burke



• Susan Cameron



• John Clarkson



• Will Cordwell



• Dan Cronin



• John Dabner



• John Dowd



• Kasie Ferguson



• Patrick Gallagher



• David Gibson



• Ian Green



• Darren Gunn



• Albert Hakfoort



• Colin Clive Johnson



• Peter Johnston



• Michael Mark Kearney



• Anthony Lebherz (witness withdrawn)



• Rick Lovell



• Dennis Madden



• Sharon Martin



• Keith McCallum



• Fiona McDonald



• Samuel McInnes



• Sue Mitchell



• Michelle Morrow



• David Ovenden



• Jim Ryan



• Helen Sergi



• Peter Sullivan



• Mel Tait



• William KC Tam (witness withdrawn)



• Dean William Trengove



• Philip Tudor



• Belinda Usher



• Samantha Walder



• Daryl Walker (witness withdrawn)



• Colin Waller



• Peter Williams

[10] AHA and AAA filed objections in relation to the following United Voice witnesses:

• Jan Syrek



• Steven Petrov



• Sean Davis



• Keith Harvey

[11] ABI/NSWBC filed objections to the following witness evidence:

• Jennifer Miller



• Angus Lonergan



• Alexandra Kindness



• William King

[12] The objections to the lay evidence will be heard at the commencement of the proceedings on Tuesday 8 September 2015.

The Proceedings on 8 September 2015

[13] The hearing on 8 September will commence at 9.30 am at which time the Commission will hear argument in respect of the following matters:

(i) The objections to the notices to produce in relation to the expert evidence.

(ii) The objections to the notices to produce in relation to the lay evidence.

(iii) The objections to the lay evidence.

(iv) Any revisions to the proposed timetable.

[14] At the conclusion of submissions in respect of the above issues the hearing of the lay evidence will commence.

Dedicated website and subscription service

[15] In order to more effectively manage the quantity of material being lodged in this matter a dedicated section of the Commission website has been set up for the Penalty rates case. This site can be viewed through the following link: Penalty rates case.

[16] In addition to the current 4 yearly review subscription service, a special Penalty rates case subscription service has been set up. Interested persons can subscribe to this service through the following link: Subscribe to updates. Alternatively parties can email amod@fwc.gov.au and Commission staff will provide assistance with this process. Subscribers to this service will receive email alerts as material is posted to the website. Please note this will be a high volume service that will operate for the remainder of this matter.

PRESIDENT

Attachment A – Joint proposed timetable

AHA = Australian Hotels Association Clubs = Clubs Australia Industrial R&C = Restaurant & Catering Industrial

 1   [2015] FWC 1482.

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