PN1

JUSTICE ROSS: Good morning. It's Justice Ross. Could I take the appearances, please?

PN2

MR FERGUSON: It's Ferguson, initial B, the Ai Group, Your Honour.

PN3

JUSTICE ROSS: Thanks, Mr Ferguson. And I had a note saying that the UWU wouldn't be attending but that the HSU would be representing - or they supported the position being put by the HSU. Who's appearing for the HSU? Hello?

PN4

SPEAKER: She's dropped out, I'll ring her back.

PN5

JUSTICE ROSS: All right. Thanks.

PN6

MR L IZZO: In the meantime it's Mr Izzo here, Your Honour, for ABI and NSW Business Chamber.

PN7

JUSTICE ROSS: Thanks, Mr Izzo. Yes.

PN8

SPEAKER: Go ahead, Your Honour.

PN9

JUSTICE ROSS: Hello, is that from the HSU?

PN10

MS R LIEBHABER: Yes, apologies. This is Liebhaber, R for the HSU.

PN11

JUSTICE ROSS: All right. Thank you.

PN12

Is there anyone else? All right. I've got Mr Ferguson from Ai Group and Mr Izzo from ABI.

PN13

Mr Ferguson, I've got a copy of your email and the proposed draft determination.

PN14

MR FERGUSON: Yes.

PN15

JUSTICE ROSS: Is - has that been agreed with all the other parties?

PN16

MR FERGUSON: Your Honour, not entirely. It was drafted in light of conversations that we had and I believe in substance it would be agreeable to everyone but they - the other parties hadn't reviewed it when we last spoke but I think it would be agreed by everyone but I tried to make some amendments to accommodate everyone's views overnight.

PN17

JUSTICE ROSS: Yes. Yes.

PN18

Well, Ms Liebhaber, can I go to you then? What do you say about the draft?

PN19

MS LIEBHABER: Yes. We support the draft.

PN20

JUSTICE ROSS: All right.

PN21

MS LIEBHABER: Yes.

PN22

JUSTICE ROSS: Well, it seems consistent with the Full Bench decision. Can I suggest this, that we took this course with another award recently that I'll issue a short statement today or the Full Bench will today or tomorrow indicating that arising from the conference today the parties indicated their agreement to the draft determination and I'll provide seven days - we'll expect a provisional view and I'll provide seven days for any interested party to file a submission opposing our provision view.

PN23

If there are no submissions in opposition then we would vary the award in the terms that the parties have agreed to. Does anyone have any difficulty with any of that?

PN24

MR IZZO: (Indistinct) with that, your Honour. (Indistinct).

PN25

JUSTICE ROSS: All right. And I take it you're happy with that, Mr Ferguson and Ms Liebhaber?

PN26

MR FERGUSON: We are, Yes, your Honour. Yes.

PN27

JUSTICE ROSS: All right. Yes. Well, I think that wraps up that issue for this award.

PN28

Mr Ferguson, can I just ask you, are you in the 12 noon matter?

PN29

MR FERGUSON: I am, your Honour.

PN30

JUSTICE ROSS: And that seemed relatively straightforward, am I wrong about that or are there ‑ ‑ ‑

PN31

MR FERGUSON: There have been some discussions between Mr Izzo and myself and we might have a (indistinct) concern that is not significant in terms of it could be easily remedied but I haven't yet spoken to all the other parties.

PN32

JUSTICE ROSS: Yes.

PN33

MR FERGUSON: I thought it might be convenient just to do that in the conference.

PN34

JUSTICE ROSS: No, that's fine. That's fine. All right. Well, thank you very much for your attendance and for your efforts in reaching an agreement. I'll take the course that I indicated and I'll now adjourn the conference. Thank you.

PN35

MR FERGUSON: Thank you.

PN36

MS LIEBHABER: Thank you.

ADJOURNED INDEFINITELY [9.07 AM]