PN1

JUSTICE ROSS: Could I have the appearances, please, firstly in Melbourne?

PN2

MS R PATENA: If it pleases the Commission, Patena, R, for the SDA.

PN3

JUSTICE ROSS: Thanks, Ms Patena. And Ms Thomson on the phone for ABI and the New South Wales Business Chamber, is that right?

PN4

MS K THOMSON: Yes, that's correct, your Honour.

PN5

JUSTICE ROSS: All right. We issued a statement on 4 December attaching a summary of submissions and asking the parties to comment on the summary. And we have received a number of comments. I'll just summarise those if I can. The SDA confirms that the matters that it is pursuing, item 4, junior rates, item 6, hours of work till 10 p.m., item 14, public holidays, and item 15, classifications. Is that right, Ms McKenna?

PN6

MS MCKENNA: Yes, that's correct, your Honour.

PN7

JUSTICE ROSS: And AI Group has withdrawn its flexible part-time claim. We have been in contact with the ARA. They have advised that they are pressing their flexible part-time claim. There is a claim by an individual, Stephanie Barridge(?), in relation to public holidays. So there would seem to be six matters, the four SDA claims, the one ARA claim and the one by the individual, Ms Barridge. Do you have anything to add to that, Ms Thomson?

PN8

MS THOMSON: No, thank you, your Honour, nothing from us.

PN9

JUSTICE ROSS: All right. How soon can you file your material in support of your claims, Ms Patena?

PN10

MS PATENA: Your Honour, I haven't got instructions on that but I think we would be looking at February given the break. But we'll be guided by what the Commission's expectations and other parties' expectations are around when the matter will be programmed.

PN11

JUSTICE ROSS: You've got four of the claims and there's an individual and there's the ARA claim. What I'll do is issue a short report from today, identify the claims and we'll also attach some draft directions for comment and provide each part with a couple of weeks to comment on the directions. But more likely we will be looking at an April hearing and we will adjust accordingly, so you wouldn't be required to file anything probably until mid to late February, okay?

PN12

MS PATENA: Yes. That sounds reasonable, thanks, your Honour.

PN13

JUSTICE ROSS: That's roughly going to be the timeframe. Have you filed draft variation determinations in respect of your four matters?

PN14

MS PATENA: Not that I'm aware of, your Honour.

PN15

JUSTICE ROSS: They'll probably have an earlier date for the filing of those, just so there's some – it's not your argument in support but it's just the precise variation you're seeking - - -

PN16

MS PATENA: Yes.

PN17

JUSTICE ROSS: Just to provide clarity everyone is aware of what each party is seeking. Do you have anything else, Ms Patena, that you wanted to raise?

PN18

MS PATENA: No, nothing to raise, your Honour.

PN19

JUSTICE ROSS: Ms Thomson, anything from you?

PN20

MS THOMSON: No thank you, your Honour.

PN21

JUSTICE ROSS: Do you have any view about – is ABI running any of the claims or are you simply likely to respond to the ones that are being run?

PN22

MS THOMSON: Likely to respond, your Honour.

PN23

JUSTICE ROSS: All right.

PN24

MS THOMSON: Yes.

PN25

JUSTICE ROSS: Nothing further? Thank you for your attendance and we will get the report out either today or tomorrow. Thank you.

PN26

MS PATENA: Your Honour, sorry to - - -

PN27

JUSTICE ROSS: Yes.

PN28

MS PATENA: I was just noting that in relation to your statement you were seeking views from the parties about the STA's preference to have the plead finalised before the hearing of the substantive claims.

PN29

JUSTICE ROSS: Yes.

PN30

MS PATENA: I'm not sure if any - - -

PN31

JUSTICE ROSS: We're not going to do that. Yes, we're not finalising the plead - - -

PN32

MS PATENA: You're not going to do that today?

PN33

JUSTICE ROSS: No. We're not going to finalise the plead before the substantive claims, is what we're not doing. We're not making a new award before we deal with the substantive claims, if that's your point. You can make your submissions directed at the plead or at the award but we'll release a statement, or I'll release a statement in January that will set out the timeline for the making of the new awards and there are a number of other things that have to happen to the current exposure drafts before they can be made into awards, including we'll need to revisit the unpaid domestic violence leave, given that it's now part of the NES, and see whether that requires any change to the exposure drafts. We have to finalise aspects of the payment of wages decision. And there would also be the implementation of any outcome from the annual wage review. So it's not likely that the exposure drafts will become the new modern award until the second half of the year.

PN34

MS PATENA: Thanks for that clarification, your Honour.

PN35

JUSTICE ROSS: No, no problem. All right, thanks very much for your attendance, I'll adjourn.

ADJOURNED INDEFINITELY [1.15 PM]