PN1

JUSTICE ROSS: Could I have the appearances please. Firstly in Sydney.

PN2

MR N WARD: Your Honour, I continue my appearance for the Australian Chamber, ABI and New South Wales Business Chamber.

PN3

JUSTICE ROSS: Thanks, Mr Ward. Mr Ferguson?

PN4

MR B FERGUSON: Commission pleases, Ferguson for the Australian Industry Group.

PN5

JUSTICE ROSS: Thank you. In Canberra?

PN6

MR D JOHNS: If it please the Commission, my name is Johns, initial D, I appear on behalf of the National Road Transport Association.

PN7

JUSTICE ROSS: Thanks, Mr Johns. It might be easier if each of you keep to your seat because otherwise you tend to drift away from the microphone and I'm having trouble hearing you. Mr Harris?

PN8

MS K PEARSALL: May it please the Commission, Pearsall, initial K, for the National Farmers Federation.

PN9

JUSTICE ROSS: Thank you.

PN10

MR S HARRIS: Your Honour, Harris, S, for the Pharmacy Guild of Australia.

PN11

JUSTICE ROSS: Thank you, Mr Harris. In Melbourne? Can you hear me in Melbourne?

PN12

MS S ISMAIL: Yes, your Honour, good morning. Ismail, initial S, for the ACTU and may I apologise for the late start, both to you and to the other parties.

PN13

JUSTICE ROSS: Thanks, Ms Ismail. Well as each of you know the purpose of the mention is to provide you with an opportunity to say what you wish to say about the directions to be made for the further hearing of this matter and the filing of submissions. Who'd like to go first, Mr Ward?

PN14

MR WARD: It's been a while since we've had this matter on, I had to remember about it.

PN15

JUSTICE ROSS: Me too.

PN16

MR WARD: Your Honour, I should apologise because we haven't spoken to the ACTU since the decision came down and normally we would have. For our part what we'd probably suggest is that we might have a period of say three weeks to file written submissions. It might be just as easy that those all be done concurrently.

PN17

JUSTICE ROSS: Yes.

PN18

MR WARD: We might find when we do that that there's nothing to debate.

PN19

JUSTICE ROSS: Indeed.

PN20

MR WARD: If we find there is something to debate it might be disposed of very quickly in an hour before the Bench.

PN21

JUSTICE ROSS: Is that the general view of the employer parties? It's unusual for me to raise do you need more time but just bearing in mind you've got - and this is particularly the principal parties, the annual wage review consultations coming up. Do you want, say, four weeks for all parties to file in relation to the issue and then if any party wishes to say anything in response in sort of a week after type of proposition, and there'll be liberty to apply so if something emerges; you know what these things are like. Something might pop up and if it does then there'll be the flexibility to deal with it.

PN22

We would probably - I'll come to the other parties in a moment but I would put at least the provisional view that we determine the matter on the papers unless a party seeks an oral hearing, and then we'll see how it develops. Once everyone sees the submissions then you might conclude that well we don't really need it or a short, as you say, a short oral hearing might be appropriate.

PN23

MR WARD: That's fine, your Honour.

PN24

JUSTICE ROSS: Yes, well let's keep it a little flexible for the moment.

PN25

MR WARD: I think that's a useful course of action, it's worked well in other matters.

PN26

JUSTICE ROSS: Yes.

PN27

MR WARD: There's that liberty to apply, we can deal with a short timeframe for replies if it's necessary.

PN28

JUSTICE ROSS: Yes.

PN29

MR WARD: That's my only anxiety is that if a lot of people say something - - -

PN30

JUSTICE ROSS: No, no, absolutely. So the proposition - I'll go to the parties in Canberra in a moment and then to the ACTU but the proposition's this; that the parties file submissions in relation to the matters which were raised in our March decision - I'll set out what those are. I'll draw your attention to the provisional views expressed and to the provisional model term. So we'll frame the issues and the questions in short form. File submissions, I want everyone to do it at the same time. What do you want to say about that? In four weeks or it'll be four weeks from the issuing of a statement, the statement will come out at some stage this week. Then a week after those submissions are filed, parties can file anything they wish to say in reply. There'll be liberty to apply if something unexpected comes up and you want an extension or another way of dealing with it. You should indicate probably after all the submissions are in, initial submissions are in, whether you think it's necessary for an oral hearing and we'll deal with that at the time.

PN31

MR WARD: Just on that point, sometimes it's not until you see the replies.

PN32

JUSTICE ROSS: No, no, that's fine. Yes, that's fine.

PN33

MR WARD: For the hearing.

PN34

JUSTICE ROSS: Yes, look we'll leave the question of the hearing for the moment until the stuff comes in. It may be that I have a further mention and that might be the quickest way of dealing with it, to see if anyone wants a hearing once the replies are in. The parties in Canberra?

PN35

MR JOHNS: Your Honour, NatRoad. What has been proposed, we don't have any objection to.

PN36

JUSTICE ROSS: Thank you.

PN37

MS PEARSALL: Your Honour, we don't have any objections to the proposal.

PN38

JUSTICE ROSS: Thank you.

PN39

MR HARRIS: No objections, your Honour.

PN40

JUSTICE ROSS: Thanks. The ACTU?

PN41

MS ISMAIL: Thank you, your Honour. We are happy with concurrent submissions and a week delay for replies and we're also happy with a mention to deal with the issue of an oral hearing. The only issue is in relation to my availability. I'm going to be at the International Labour Conference from 26 May to 8 June, so we'll work around whatever timetable but (indistinct) - - -

PN42

JUSTICE ROSS: Right.

PN43

MS ISMAIL: - - - my own availability during those times.

PN44

JUSTICE ROSS: Thanks, Ms Ismail. Can I also encourage the parties to perhaps before they file their submissions to have some discussions and see what the capacity is for some common ground. Well as I say, we'll issue a short statement later in the week outlining the matters we've discussed this morning. Thanks very much, I'll adjourn.

ADJOURNED INDEFINITELY [10.27 AM]