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TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009                                       1057230

 

JUSTICE ROSS, PRESIDENT

 

AM2018/19  AM2019/4

 

s.156 - 4 yearly review of modern awards

 

Four yearly review of modern awards

(AM2019/4)

Dry Cleaning and Laundry Industry Award 2010

Pest Control Industry Award 2010

 

Sydney

 

11.02 AM, FRIDAY, 23 AUGUST 2019


PN1          

JUSTICE ROSS:  Can I have the appearances, please, and perhaps if you indicate which award you have an interest in.

PN2          

MR Z DUNCALFE:  May it please the Commission, Duncalfe, initial Z, for the Australian Workers' Union, here for the Pest Control Industry Award.

PN3          

JUSTICE ROSS:  Thanks, Mr Duncalfe.

PN4          

MS N DABARERA:  If it pleases the Commission, Dabarera, initial N, here for United Voice in the Dry Cleaning and Laundry Industry Award.

PN5          

JUSTICE ROSS:  Thank you.

PN6          

MR V LIN:  If it please the Commission, Lin, initial V, for the Australian Federation of Employers and Industries.  Here for both the Dry Cleaning and the Pest Control Industry Award.

PN7          

JUSTICE ROSS:  Thank you, and in Melbourne?

PN8          

THE ASSOCIATE:  No.

PN9          

JUSTICE ROSS:  Nobody?

PN10        

THE ASSOCIATE:  No, Newcastle.

PN11        

JUSTICE ROSS:  Newcastle.

PN12        

MS M TIEDEMAN:  Tiedeman, initial M, on behalf of ABI and the New South Wales Business Chamber, here for the Dry Cleaning and Laundry Industry Award.

PN13        

JUSTICE ROSS:  All right, thank you.  Well, let's deal with the Pest Control Award matter first.  The purpose of the mention in relation to each of these awards is to clarify which of the substantive claims are being pressed, to see whether there's opposition to the claims and to seek any comments about the draft directions that were attached to the statement I published on 1 August.  In relation to Pest Control, there's one substantive claim being pursued.  That's by the AWU, to amend the payment and loading clause by substituting a reference from industry allowance to leading hand allowance.  Is that the essence of it, Mr Duncalfe?

PN14        

MR DUNCALFE:  That's correct, your Honour.

PN15        

JUSTICE ROSS:  You're still pressing that?

PN16        

MR DUNCALFE:  Yes, we are, your Honour.

PN17        

JUSTICE ROSS:  All right.  What's the view of the employer parties to that claim that have an interest in that award?

PN18        

MR LIN:  The AFEI opposes the claim sought in principle but we would like to see what's filed before commenting further.

PN19        

JUSTICE ROSS:  All right.  Any comments?  Ms Tiedeman, I thought - are you in relation to the Pest Control or the Dry Cleaning?

PN20        

MS TIEDEMAN:  Dry Cleaning, your Honour.

PN21        

JUSTICE ROSS:  Thank you.  Any issues about the draft directions?

PN22        

MR DUNCALFE:  No issues, your Honour.

PN23        

JUSTICE ROSS:  All right.  Look, we'll confirm the draft directions.  In the event there's a change in the employer position and that may obviate the need for the hearing then let us know, okay.  I'll issue a short statement confirming that the claim's being pursued and that the directions will now be issued in final form.  The Dry Cleaning Award.  United Voice has, I think, we referred to five substantive claims.  Ms Dabarera, which ones are those?  You still pursuing all those?

PN24        

MS DABARERA:  Your Honour, in regards to our claims, these were issues that we identified as significant when we filed our claims in 2015.  However, after more recent consultation, we have decided not to pursue these claims in the context of the four yearly review.

PN25        

JUSTICE ROSS:  No problem.  All right, well I'll mark that as finalised.  I take it there's no objection from you?  No, AFEI or ABI?

PN26        

MS DABARERA:  No, no objection.  No, your Honour, thank you.

PN27        

JUSTICE ROSS:  All right.  Well, that's really the purpose of the mention, Ms Dabarera.  I appreciate that the indication was given some time ago and we're now getting to the matter and there have been a number of things that have taken place in between time so thank you for the clarification.  Nothing further?  I'll adjourn, thank you.

PN28        

MS DABARERA:  Thank you.

ADJOURNED INDEFINITELY                                                        [11.06 AM]