PN1

JUSTICE ROSS: It's Justice Ross here. I'll take the appearances. I can see I've got Ms Bhatt for Ai Group, Mr Crawford for the AWU, Ms Perera for the SDA and Ms Thomson on the line for ABI. Is that right?

PN2

MS THOMSON: Yes, your Honour.

PN3

JUSTICE ROSS: Okay. I have received correspondence from Ai Group setting out its position in relation to the three matters that are on the agenda. If I can go through those. Item A goes to the summary of submissions document that was published on 21 January. It is to provide an opportunity to any interested party to identify any errors, corrections or omissions from that document. Does anyone want to say anything about agenda item A or do I assume that the summary of submissions document is accurate? Ms Bhatt?

PN4

MS BHATT: Nothing from us, your Honour.

PN5

JUSTICE ROSS: Thank you. Ms Perera?

PN6

MS PERERA: No objections, your Honour. Thank you.

PN7

JUSTICE ROSS: Thank you. Mr Crawford?

PN8

MR CRAWFORD: your Honour, I do have a list of matters that on my reading appear to be resolved, so not necessarily errors in the content or anything. I'm not sure if you would like me to go through that list.

PN9

JUSTICE ROSS: No, we might do that when we get to items B and C.

PN10

MR CRAWFORD: Yes. Thank you, your Honour.

PN11

JUSTICE ROSS: Ms Thomson?

PN12

MS THOMSON: Nothing from us, your Honour.

PN13

JUSTICE ROSS: All right. Then agenda item B identifies a number of matters that were raised in submissions. In the summary of submissions document there was a proposed resolution. These are matters which are at the lower end in terms of being in contention between the parties. The purpose of this agenda item is to see whether anyone takes issue with the proposed resolution and wants to press whatever the original objection was. Ms Bhatt?

PN14

MS BHATT: Nothing from us, your Honour. Thank you.

PN15

JUSTICE ROSS: Thank you. Ms Perera?

PN16

MS PERERA: No objections, your Honour. Thank you.

PN17

JUSTICE ROSS: Mr Crawford?

PN18

MR CRAWFORD: No, thank you, your Honour.

PN19

JUSTICE ROSS: Ms Thomson?

PN20

MS THOMSON: No, thank you, your Honour.

PN21

JUSTICE ROSS: All right. Let's go to item C(2), which are the more contentious - if I can put it that way - outstanding items. Now, in Ai Group's correspondence they identify a number of matters that they wish to be provided with a further opportunity to make submissions. They are items (8), (15), (20), (22), (28), (29), (30), (32) to (34), (38), (40), (47), (49), (50), (54) to (56) and (59). Have I missed anything, Ms Bhatt?

PN22

MS BHATT: No, thank you, your Honour.

PN23

JUSTICE ROSS: All right. Ms Perera, which ones do you seek a further opportunity make further submissions?

PN24

MS PERERA: Thank you, your Honour. The SDA would like the opportunity to make further submissions on items (15), (16), (20), (28), (29), (30), (32), (49), (50) and (54) to (56).

PN25

JUSTICE ROSS: Thank you. Mr Crawford, any of those you want an opportunity to make further submissions about?

PN26

MR CRAWFORD: Your Honour, my list was (15), (20), (30), (38), (40), (47) and (49), although I don't want to indicate that it's a hundred per cent certain that we make initial submissions, but I suspect at the very least reply submissions on all of those issues.

PN27

JUSTICE ROSS: Okay. Ms Thomson?

PN28

MS THOMSON: Thank you, your Honour. No further submissions, but reply submissions depending on what the other parties put forward may be appropriate.

PN29

JUSTICE ROSS: Okay. Then I take it with the remaining items that parties haven't mentioned in C(2) - that is on my list items (10), (23), (25), (26), (27), (41), (43),

PN30

(46), (58), (61) and (62) through to (66) - in respect of each of those items the parties are content rely on the submissions they have already made. Anyone have a different view? No? All right. Well, in relation to the matters that you have identified in C(2), I propose you be given a further opportunity to provide written submissions and submissions in reply.

PN31

The written submissions shall be filed by 4 pm on Friday, 26 February, and the submissions in reply by 4 pm on Friday, 12 March. Is there any concern about that proposal? Do the parties want it dealt with more quickly or given more time? Now is your opportunity. Ms Bhatt?

PN32

MS BHATT: Your Honour, I think we indicated in our correspondence yesterday that - - -

PN33

JUSTICE ROSS: Yes.

PN34

MS BHATT: - - - we file those submissions on 5 March, so I think that's an additional week to what your Honour has proposed.

PN35

JUSTICE ROSS: Yes, yes.

PN36

MS BHATT: There are two reasons for that. One, there are quite a number of issues that I think we will seek to canvass in those submissions. Some of them are quite significant. The other is because we think that at least some of those issues would benefit from discussion with the unions before we draft our submissions and I'm hopeful that a period of a few weeks would assist with that. I can see my colleagues nodding, so I'm hoping that that is a shared view.

PN37

JUSTICE ROSS: All right. If we provided for submissions in respect of those matters to be filed by 5 March and then submissions in reply by the 19th, does that suit everybody?

PN38

MS BHATT: Thank you, your Honour.

PN39

JUSTICE ROSS: Everyone else content with that course? Okay. Can I just go back to you, Mr Crawford, and let's follow through your point about there were some matters which have been resolved.

PN40

MR CRAWFORD: Yes, I think you covered the overwhelming majority of those in the list you get just read out of matters where parties aren't filing any additional submissions. The only additional one I had was item 9 - - -

PN41

JUSTICE ROSS: I should say in respect of those matters where the parties are not filing any further submissions I've taken it that the parties are adhering to their previous view and the submissions they have previously made on those matters, and they just want us to determine the matters on the basis of those earlier submissions. Item (9), Coverage?

PN42

MR CRAWFORD: Yes, on my reading, your Honour, the AiG had raised an issue and the two unions haven't really opposed that position. In any event I suspect no one will make any additional submissions so it might just be added to the list of matters that the Full Bench resolves.

PN43

JUSTICE ROSS: Well, item (9) is dealt with in agenda item C(2) and there is a proposed resolution there, and nobody has objected to that so that's what we would intend to adopt. Do you see that?

PN44

MR CRAWFORD: Is this the table in C1?

PN45

JUSTICE ROSS: Yes, yes. I'm sorry. The table in C1.

PN46

MR CRAWFORD: Under item 9?

PN47

JUSTICE ROSS: It's at the top of the page. Or top of my page, anyway.

PN48

MR CRAWFORD: To be honest, Your Honour, the document I have got in front of me has item 7, then item 11.

PN49

MS THOMSON: Mine is the same.

PN50

JUSTICE ROSS: Is that right? Well, I am at a loss to understand why that would be.

PN51

MR CRAWFORD: In any event, I don't - - -

PN52

JUSTICE ROSS: No, let's just - I am getting mildly anxious now. What we might do is I'll find out what's happened, I'll adjourn the conference until 10.30. If each of you can forward to my chambers your email contact, and we'll send you the document that I've got in front of me. But I think that may answer - look, I don't think it's going to be a particular problem, because item 9, it just - it notes the Ai Group's objection that the words inside the catering establishment have not been retained, and the proposed amendment is to add those words at the end of the proposed pled clause 4.2C. So I don't think it will be a problem, but I'm a bit anxious that you don't have the same document I've got. So I want to make sure that you end up with that. All right?

PN53

MS BHATT: Your Honour.

PN54

JUSTICE ROSS: Yes.

PN55

MS BHATT: Sorry, Your Honour. Before we adjourn, can I just enquire; it sounds like Your Honour might be referring to the agenda that was prepared for the Fast Food Award instead of the Hair and Beauty Award.

PN56

JUSTICE ROSS: Yes, yes.

PN57

MS BHATT: When I look at that, it has item 9 at the top of the page.

PN58

JUSTICE ROSS: Yes, you're quite right. I'm sorry. Yes. You're quite right. Yes, no, I follow. Well, we've all got the same document, it just doesn't have item 9.

PN59

MS BHATT: Well, it seems to cover item 9 at C.2, because items 8 to 10 - - -

PN60

JUSTICE ROSS: That's right. Yes, yes. That's right. Yes. Well, that's one, Mr Crawford, where no one wants a further opportunity, so they will rely on their previous submissions. We will make a decision about that based on those. Are there any others in that category?

PN61

MR CRAWFORD: The only other issue, given you have covered the rest of the matters in my list already, is for item 34. I think, on reflection, we accept that the issue the Ai Group is raising is just repetition. So on that basis, we would withdraw our objection. So I'm not sure what you want to do with that matter, given that change.

PN62

JUSTICE ROSS: Well, does anyone else object to Ai Group's proposal at item 34?

PN63

MS BHATT: No, Your Honour.

PN64

JUSTICE ROSS: Well, we will take it - you won't need to pursue that one, Ms Bhatt. We will note there is no opposition, and we will make the change.

PN65

MS BHATT: Yes, Your Honour.

PN66

JUSTICE ROSS: Anything else, Mr Crawford?

PN67

MR CRAWFORD: No. I mean, there are several other matters, I think, in the same category as that. But it sounds like you will deal with them on the basis of the submissions already in. So I think that's fine.

PN68

JUSTICE ROSS: If any party position has changed, for example, as yours just did with item 34, Mr Crawford, if there's any change, then just let us know when you file your submissions on any of the other items. Okay? All right. Sorry about the confusion. My desk is awash with documents at the moment. But if there's nothing further, I will adjourn and you will file your submissions in accordance with the directions, and we will make a decision on the basis of those submissions without the need for a further hearing. Thanks for your attendance. I'll adjourn.

ADJOURNED INDEFINITELY�� [10.12 AM]