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Fair Work Act 2009����������������������������������������������������






s.156 - 4 yearly review of modern awards


Four yearly review of modern awards

(AM2013/33 AM2013/34 AM2013/37 AM2014/286)

(ODN AM2008/91)

[MA000121 Print PR991089]]








9.28 AM, FRIDAY, 9 JUNE 2017


JUSTICE ROSS:  Could I have the appearances, please?


MS M WALSH:  Thank you.  Walsh, initial M, appearing for OurVoice Australia, parents of people with an intellectual disability.


JUSTICE ROSS:  And that's in relation to AM2013/30 and AM2014/286?


MS WALSH:  That's correct.




MR S MOSTAFAVI:  Your Honour, Mostafavi, initial S, for Australian Business Industrial and the New South Wales Business Chamber, appearing for both those matters also.


JUSTICE ROSS:  So both the supported wage and the various health matters?


MR MOSTAFAVI:  Not so, I beg your pardon; just the two supported employment‑related matters.


JUSTICE ROSS:  All right, that's fine.  Thank you.


MS K LANGFORD:  Your Honour, Langford, Kerrie - K.  I am from National Disability Services, and I'm also for those matters as well.


JUSTICE ROSS:  Thank you.  No other appearances?  Perhaps if I deal with the matters in the two groups.  In relation to AM2013/30 and AM2014/286, AM2013/30 is being discontinued.  That's the joint submission by United Voice and the HSU.  In AM2014/286, that's the review of the supported wage award - Support Services Award - I have reconstituted that Bench.  The Bench is now headed by Hatcher VP.  Given that AM2013/30 has been discontinued, and in the joint submission filed by the applicants in that matter, the joint submission filed by the HSU and United Voice, they have said they intend to pursue the application that was in AM2013/30, the discontinued matter, as a substantive change as part of the four‑yearly review of this award under AM2014/186.  So they're saying, in other words, they've discontinued one matter, they're looking to pursue it as a substantive change under the other matter.  So I don't need to do anything further in relation to AM2013/30 as that matter has been discontinued.  That will be noted on the file.  It will be brought to an end.


I have reconstituted the Bench in the other matter, so that can continue, and I gather the parties have reached as far as they can go in the conciliation.  I'll discuss that with Hatcher VP and I'll suggest that he call that matter on for mention to see where it is up to and what the parties want to do in relation to it.  Unless there is anything any other party wishes to say about it, I think that's probably the most sensible way forward in relation to that matter.


MR MOSTAFAVI:  Your Honour, just for an abundance of caution, the suggestion would be that questions of programming, et cetera, would be dealt with by the Full Bench for mention when it's constituted?


JUSTICE ROSS:  That's exactly right - yes, that's exactly right.


MR MOSTAFAVI:  Okay, I'll withhold my comments.


JUSTICE ROSS:  I know that in a number of the submissions they argued about the merits of what was right.  That's not really got anything to do with me.  That will be a matter for the Full Bench.  And as for the programming of the matter, what I'm just trying to sort out is what's left, what I need to do in terms of reconstituting Benches to make sure that they can continue their work, and so I think all of that - and there was a lack of clarity around whether AM2013/30 was going to be discontinued or not.  They've now filed a notice of discontinuance, so I think that resolves that question.  Is there anything about those matters?  No?  Well I know none of you are particularly concerned about the other matters I have before me, but for the record I'll go through the correspondence in relation to those issues.


The agreed position appears to be - I've reconstituted Benches to deal with all of those matters - well I've to deal with the matters AM2013/43 and AM2014/36.  The agreed position between the parties appears to be that award modernisation matters of 2013, matter numbers 33, 34 and 37 - these matters all seem to be connected - will be discontinued once award modernisation matter 2013/43 has been finalised.  So I have not reconstituted Benches for matters 33, 34 and 37, because if they're going to be discontinued I'll help bring those to an end, at this stage.  I have reconstituted a Bench for matter AM2013/43 and AM2013/36.  I'll come back to 36 in a moment, but the Bench is the same in both cases.  I had to replace two members on those Benches, that is, Watson VP and Smith DP, and Lee C was the only remaining member of that Bench.  Those Benches have been reconstituted and now comprise of Gostencnik DP, Coleman DP and Lee C.


Matter AM2013/36 involves an application to terminate the Hospital Specialists and Medical Administrators Award.  The VHIA, the relevant employer interest, has submitted that that award should be terminated.  It's not clear what position, if any, the unions take on that, but I'll ask the Presiding Member of that Bench to call those matters on, and to hear from the parties about where they might go.  I gather there's a consent position in relation to AM2013/43.  They were supposed to finalise a consent modernised award, and if they're called on, well that Bench can deal with those matters.


I don't think there's anything further.  No?  Thank you for your attendance.  I'll ask Hatcher VP to call your matter on shortly to ascertain what you want done with it and what exactly is before that Bench.  Thanks for your attendance.  I will adjourn.

ADJOURNED INDEFINITELY��������������������������������������������������������� [9.36 AM]