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TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009                                                    

 

VICE PRESIDENT HATCHER

 

AM2016/15

 

s.156 - 4 yearly review of modern awards

 

Four yearly review of modern awards

(AM2016/15)

 

Fast Food Industry Award 2020

 

Sydney

 

9.30 AM, THURSDAY, 5 MAY 2022

 

Continued from 13/04/2022

 


PN28        

THE VICE PRESIDENT:  I will take the appearances.  Ms Bhatt, you appear for the Australian Industry Group?

PN29        

MS R BHATT:  Yes, Vice President.

PN30        

THE VICE PRESIDENT:  And Mr Pardo, you appear for the Shop Distributive and Allied Employees Association?

PN31        

MR A PARDO:  Yes, Vice President.

PN32        

THE VICE PRESIDENT:  All right.  I will start with you, Mr Pardo.  I've read the short submission you made about the coverage issue, so I understand your position about that, but if you want to add anything now to that, you can.

PN33        

MR PARDO:  No, Vice President, we will constrain ourselves to those submissions.  Thank you.

PN34        

THE VICE PRESIDENT:  All right.  The other thing, there was an outstanding issue about the changes proposed at one stage to the classification descriptor for a fast food employee level 1.  For the time being it is proposed that the current descriptor will remain the same, the parties having made various criticisms of the alterations proposed in the plain English draft.

PN35        

Mr Pardo, is it, broadly speaking, yesterday's position that the descriptor should simply remain the same?

PN36        

MR PARDO:  I believe so, yes, Deputy President.

PN37        

THE VICE PRESIDENT:  Yes, all right.  Thank you.  Ms Bhatt?

PN38        

MS BHATT:  Thank you, Vice President.  Can I say firstly I wasn't aware of the submission that was filed by the SDA.  I've just read it at places you were engaging with Mr Pardo.  AiGroup's position is that as we understand it, the proposed variation to the coverage clause of the Fast Food Award would not affect the coverage of employers that are in the fast food industry as defined by the award, and on that basis we would not oppose the coverage clause being redrafted to reflect the observations of the Full Bench in the Menulog decision.

PN39        

THE VICE PRESIDENT:  That's, with respect, a bit circular, because the whole issue is how do we define the fast food industry.  So I think the proposition is the fast food industry definition should not include third party order and delivery providers of the Menulog delivery group-type people.  Is that consistent with your understanding?

PN40        

MS BHATT:  It is, and we do not oppose that proposition.

PN41        

THE VICE PRESIDENT:  All right.  And in respect of the definition of fast food employee level 1, in the plain language decision of 1 April the current definition was retained as an interim measure, having regard to various objections that were raised to the changes in the plain language exposure draft.  Ms Bhatt, what's AiGroup's position about that?  Do we need to change the existing definition, or would there be a greater level of comfort if it was left as it was?

PN42        

MS BHATT:  There would be a greater level of comfort if it was left as it was, and we don't see a need for it to be altered or redrafted.

PN43        

THE VICE PRESIDENT:  All right.  Is there anything else?

PN44        

MS BHATT:  Not from us, Vice President.

PN45        

THE VICE PRESIDENT:  All right.  What I propose is the Full Bench will issue a statement with a draft determination, and parties - which will be broadly speaking along the lines of what has been discussed; and the parties will then be given an opportunity to make submissions in response to that draft determination, and the statement of course.  Is that an appropriate course, Mr Pardo?

PN46        

MR PARDO:  Yes, thank you, Vice President.

PN47        

THE VICE PRESIDENT:  Ms Bhatt?

PN48        

MS BHATT:  Yes, thank you.

PN49        

THE VICE PRESIDENT:  All right.  That's the course we will take.  Hopefully the statement draft determinations will be issued some time in the next fortnight.  Thank you for your attendance.  If there's nothing further we will now adjourn.

ADJOURNED INDEFINITELY                                                            [9.44 AM]