PN1

THE VICE PRESIDENT: First I will take appearances from those who have made the effort to attend in court. Mr Maxwell, you appear for the CFMEU.

PN2

MR MAXWELL: That's correct, your Honour.

PN3

THE VICE PRESIDENT: Ms Bhatt, you appear for the AiG.

PN4

MS BHATT: Yes, Vice President.

PN5

THE VICE PRESIDENT: Mr Arndt, you appear for ABI.

PN6

MR ARNDT: Thank you, your Honour.

PN7

THE VICE PRESIDENT: And on telephone, first of all for the AWU, Ms Walsh, you appear.

PN8

MS WALSH: Yes, your Honour.

PN9

THE VICE PRESIDENT: And for, I hope, Brickworks, it's Mr Lorraine, is it?

PN10

MR LORRAINE: That's right, your Honour.

PN11

THE VICE PRESIDENT: Unless someone advises me otherwise, the only outstanding substantive matter in relation to this award was the application by Brickworks to make various changes to - particularly in relation to penalty rates. There was a statement issued by the Full Bench on 1 July 2015 at a point in time at which evidence had been filed in relation to the claim and there was some debate about a program of inspections, but at that stage Brickworks had sought that the hearing of the matter be postponed awaiting the decision of the penalty rates Full Bench. That postponement was opposed by the AWU and the CFMEU, but was granted by the Full Bench.

PN12

Of course, the penalty rates decision was handed down some time ago about we haven't, as far as I know, received any advice from Brickworks about what, if anything, it seeks to do with its claim. Mr Lorraine, are you positioned to provide any advice about that?

PN13

MR LORRAINE: I have to give an apology, your Honour. I'm stepping in as a matter of courtesy. I have to confess that we weren't aware of today's listing until we received a call from the Commission this morning, so I'm appearing today as a matter of courtesy to the Commission. We will need to get instructions, I'm afraid.

PN14

THE VICE PRESIDENT: There hadn't been any discussion with your client about this matter following the penalty rates decision being issued, which was the reason for the adjournment?

PN15

MR LORRAINE: I tried to - unfortunately Michael Harmer has had carriage of this matter, and is involved in other proceedings today, so I haven't even had the chance to discuss the matter with him. I'm simply not in a position to comment at all, your Honour. I'm terribly sorry.

PN16

THE VICE PRESIDENT: All right. Thank you. Has any other party got anything to say that might shed some light on the situation? For example, has any party had any communication with Brickworks about the position? Ms Walsh, do you know anything that's happening?

PN17

MS WALSH: No. Sorry, I also can't assist. I also don't have carriage of this matter. I'm unfortunately in the same position as Harmers, but I can probably find out in a short period of time. But I think Brickworks is obviously in a better - sorry - Harmers is in a better position to do that for you.

PN18

THE VICE PRESIDENT: All right. Thank you. Mr Lorraine, what I'm inclined to do is issue a direction that - and I will send a copy of this directly to Brickworks to make sure there's a response to it - provide advice to the Commission by close of business on Friday as to whether it wishes to proceed with its claim or not. If no such advice is provided I will treat the claim as having been terminated; if the advice is received, I will then make a decision as to what is the next step in relation to the matter. Does that sound a reasonable proposition to you, uninstructed, Mr Lorraine?

PN19

MR LORRAINE: Yes, it does, your Honour. Thank you very much.

PN20

THE VICE PRESIDENT: And if that direction causes some difficulty, for example because some key person is away or something like that, there can be an application made by my chambers to set aside or alter the direction. Is that understood?

PN21

MR LORRAINE: Thank you, your Honour.

PN22

THE VICE PRESIDENT: Can I confirm that there are no other substantive issues remaining in this award.

PN23

MS BHATT: Not to my knowledge.

PN24

MR MAXWELL: No, your Honour. I think there are some minor issues in regard to the exposure draft, but they're not substantial issues, no.

PN25

THE VICE PRESIDENT: Yes, all right. I think I will leave it at that, and we will formulate the direction and make sure it's sent directly to Brickworks. I apologise to the parties who attended in court for the delay and for the inconvenience caused by what has turned out to be a pointless report back. I thank you for your attendance. I will now adjourn.

ADJOURNED INDEFINITELY [11.43 PM]