TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009
VICE PRESIDENT HATCHER
s.156 - 4 yearly review of modern awards
Four yearly review of modern awards
Educational Services (Teachers) Award 2020
Children’s Services Award 2010
9.30 AM, MONDAY, 27 JUNE 2022
Continued from 16/10/2020
THE VICE PRESIDENT: Good morning. I will take the appearances. Mr Redford, you appear for the United Workers Union?
MR B REDFORD: Yes. I do, your Honour.
THE VICE PRESIDENT: Ms Lombardelli, you appear for Australian Business Industrial and the Australian Childcare Alliance?
MS J LOMBARDELLI: Yes. I do, your Honour.
THE VICE PRESIDENT: Mr Wright, you appear for the New South Wales Independent Education Union?
MR M WRIGHT: I do, your Honour.
THE VICE PRESIDENT: Mr Spence, you appear for the Association of Independent Schools of New South Wales?
MR S SPENCE: Yes. I do, your Honour.
THE VICE PRESIDENT: And Ms Lo, you appear for the Australian Federation of Employers and Industries.
MS S LO: I do, your Honour.
THE VICE PRESIDENT: All right. As I think you'd be aware, the purpose of this morning's mention is to ascertain the status of previously advanced claims for a Responsible Persons Allowance. So I think, Mr Redford, this primarily falls up on you in the first instance to inform us about this. Do you want to go first?
MR REDFORD: Yes. Thanks, your Honour. In short, the claim is something that the United Workers Union intends to continue to pursue. Your Honour will be aware that there has been material filed in relation to the claim which is not insubstantial. Our thought was that it might be appropriate, given the elapse of time since that material was filed for parties to be permitted to file short further submissions in relation to the claim.
And perhaps an opportunity to file a reply might also need to be provided to parties and then, perhaps, on the basis of that material parties could indicate to the Commission as to whether or not the matters could then be dealt with on the papers or whether taking into account what is filed, your Honour, a short final hearing might be in matter, your Honour.
THE VICE PRESIDENT: Can you remind me, is the claim advanced in relation to the Educational Services (Teachers) Award as well as the Children's Services Award or is it just the Children's Services Award?
MR REDFORD: I think it's just the Children's Services Award, your Honour.
THE VICE PRESIDENT: Right. Thank you. So in respect of a potential timetable, Mr Redford, if you wanted to provide any further material, how long would you need to do that?
MR REDFORD: Well, your Honour, the Commission has directed submissions to be filed in relation to the other matter – the educational leaders allowance on 15 July.
THE VICE PRESIDENT: Yes.
MR REDFORD: So it might be that that's a convenient date by which submissions in relation to responsible person allowance claim could be filed, your Honour.
THE VICE PRESIDENT: Thank you. Mr Lombardelli, do you ant to go now?
MS LOMBARDELLI: Yes. Thank you, your Honour. The position of our clients is that they would appreciate the opportunity to provide further submissions on this, whether that's closing submissions or submissions and submissions in reply. We will leave that to you, your Honour. And we would be seeking the opportunity also to have a short final oral hearing on the matter.
THE VICE PRESIDENT: All right. If we have a staged process whereby the UW puts on any further material by 15 July , how long would you need after that?
MS LOMBARDELLI: We would consider that four weeks would be appropriate, your Honour, in that respect.
THE VICE PRESIDENT: Thank you. And then a hearing of, what, one-day duration?
MS LOMBARDELLI: Yes, your Honour. We think that would be appropriate.
THE VICE PRESIDENT: All right. Mr Wright, do you want to go next?
MR WRIGHT: Thank you, your Honour. Look, we support the approach proposed by the parties thus far. However, I'm a bit confused; there was an application made to vary the Educational Services (Teachers) Award in this matter to incorporate a responsible person allowance and bearing that in mind, I just wanted to now what the position of the UWU was in terms of pursuing that.
THE VICE PRESIDENT: All right. I thought Mr Redford clarified that, but Mr Redford, can you confirm again that your union is only pursuing a claim in respect of the Children's Services Award?
MR REDFORD: Sorry, your Honour. That's my mistake. We do intend to press in relation to the other award. Apologies for that.
THE VICE PRESIDENT: All right. Thank you. That's clarified that, Mr Wright. So did you support the claim in that respect?
MR WRIGHT: I do, your Honour. Yes.
THE VICE PRESIDENT: And would you be in a position to file any further material on behalf of your union by 15 July?
MR WRIGHT: I can, your Honour. Yes. Thank you.
THE VICE PRESIDENT: All right. Mr Spence? Are you there, Mr Spence?
MR SPENCE: I am sorry. I'm just having a couple of technical issues. I support the time frame that's been put forward. Thank you, your Honour.
THE VICE PRESIDENT: Thank you. And Ms Lo, do you wish to add anything?
MS LO: No. I'm also content with the time frame that's being proposed. Thank you, your Honour.
THE VICE PRESIDENT: All right. Well, I will propose to publish directions in respect of what we've discussed this morning. I think the consensus is that one hearing date would be sufficient. So that takes us to mid-August. So, is there any particular date in late August or September which provides some insuperable problem for any party?
MR REDFORD: Your Honour, it's Mr Redford for the UWU. The only dates I'd mention are 25 and 26 August, when the Commission has listed the Aged Care Work Value hearing on those dates.
THE VICE PRESIDENT: Okay.
MS LOMBARDELLI: It's Ms Lombardelli here. Not to overstep Mr Redford, but I do believe it was 23 and 24 that the hearing was - - -
THE VICE PRESIDENT: I can check that. But anyway, not to worry for that with the Aged Care hearing.
MS LOMBARDELLI: Yes, please, your Honour.
THE VICE PRESIDENT: Okay. Well, if there's nothing further, the parties can expect that later today you will get directions in the terms discussed and a listing for hearing. If there's nothing further, we will now adjourn.
MS LOMBARDELLI: If the Commission, pleases.
THE VICE PRESIDENT: Thank you.
ADJOURNED INDEFINITELY [9.55 AM]