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TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009����������������������������������������������������

 

VICE PRESIDENT HATCHER

 

AM2016/28

 

s.156 - 4 yearly review of modern awards

 

Four yearly review of modern awards
(AM2016/28)

 

Pharmacy Industry Award 2020

Melbourne

 

9.15 AM, TUESDAY, 27 SEPTEMBER 2022

 

Continued from 11/05/2018

 


PN1             

VICE PRESIDENT HATCHER:  I will take the appearances.  Ms Baulch and Mr Hall, you appear for Professionals Australia?

PN2             

MS J BAULCH:  Yes, that's correct, your Honour.

PN3             

VICE PRESIDENT HATCHER:  Ms Bhatt, you appear for the Ai Group?

PN4             

MS R BHATT:  Yes, Vice President.

PN5             

VICE PRESIDENT HATCHER:  Mr Harris, if you're there, you appear for the Pharmacy Guild?

PN6             

MS BAULCH:  Your Honour, it's Ms Baulch.  I spoke to Mr Harris last night and he's currently on a country trip for the Guild.  He says he'll be out in the middle of the bush somewhere.  He's going to try and get in if he can.  If he can't, he's authorised me to just speak briefly on the Guild's behalf and he will confirm that via email to yourself.

PN7             

VICE PRESIDENT HATCHER:  Thank you.  Ms Harrison, if you're still there, you appear for the United Workers Union?

PN8             

MS L HARRISON:  Yes, that's correct.

PN9             

VICE PRESIDENT HATCHER:  All right.  Firstly, mainly for your benefit, Ms Harrison, today's directions hearing is only concerning the Pharmacy Award and it's really confined to the single issue of issuing directions as contemplated by paragraph 22 of the statement issued by the President on 9 September 2022 in relation to the Pharmacy Award.  So, if that doesn't interest you, Ms Harrison, you are free to leave.

PN10          

MS HARRISON:  Thank you, Vice President, and I will.  Thank you very much.

PN11          

VICE PRESIDENT HATCHER:  All right, so who would like to go first?  Ms Baulch?

PN12          

MS BAULCH:  Mr Hall today, sir.

PN13          

VICE PRESIDENT HATCHER:  Okay, Mr Hall?

PN14          

MR G HALL:  Thank you, Vice President.  We have had some preliminary discussions with the Pharmacy Guild, as Ms Baulch has indicated, and part of those discussions has been talking about whether the parties could come together with some agreed statement of facts.  We have been working on a proposed statement of agreed facts which are almost ready to show to the Pharmacy Guild.

PN15          

What we thought would be appropriate is if - we imagine that process would take maybe four weeks and we were proposing to ask for further directions in about four weeks because, after that time, we would be in a position to know what sort of evidence we need.  Just at the moment, we're not sure what issues are in dispute and what issues are agreed, so that was going to be our proposal for today.

PN16          

VICE PRESIDENT HATCHER:  If we just row back a bit, I would have thought the best step is - I will come to you in a second, Ms Bhatt - but the first step between Professionals Australia and the Pharmacy Guild will be to work out whether they do have an agreed position or the extent to which you are in dispute.

PN17          

MR HALL:  That's right.

PN18          

VICE PRESIDENT HATCHER:  Where are you up to, if anywhere, with that?

PN19          

MR HALL:  We think we will have some agreed positions given that the Pharmacy work value case wasn't that long ago.

PN20          

VICE PRESIDENT HATCHER:  Yes.

PN21          

MR HALL:  We are still trying to establish what are the agreed positions and what are not.  At the moment, we don't have any firm document.  I do have a proposed document to go to the Guild, but, just at the moment, we don't have it fully nailed.

PN22          

VICE PRESIDENT HATCHER:  Is this the position:  in approximately four weeks, you hope to be in a position whereby you can file some document which identifies issues which are agreed, issues which are in dispute and underlying facts which are agreed or in dispute?  Is that the position?

PN23          

MR HALL:  Yes, we hope so.  We have a little bit more to do, for example, to show it to some leading members and briefing counsel and so on, but, yes, we hope so.

PN24          

VICE PRESIDENT HATCHER:  Okay, thank you.  Ms Bhatt?

PN25          

MS BHATT:  Vice President, it appears that I had misapprehended the purpose of today's directions hearing.  I had understood that it would relate to the wider issue of the 29 awards that the Commission intends to review, but, based on your earlier indication and given that we don't have an interest in this matter, I wonder if I might also be excused?

PN26          

VICE PRESIDENT HATCHER:  All right.  You are excused if you want to miss the last 30 seconds.

PN27          

MS BHATT:  Thank you, Vice President.

PN28          

VICE PRESIDENT HATCHER:  All right.  Mr Hall, should I simply identify a further date in not less than four weeks, or should I let you file the document and then call it on?

PN29          

MR HALL:  I think if we identify a date in about four weeks, and we would be happy to - because we have already got the agreement of the Guild, we could perhaps send an email to chambers proposing what the next direction should be?

PN30          

VICE PRESIDENT HATCHER:  All right, I will think about that.  I think what I will do is I will set a date not less than four weeks away and I will advise the parties of that in due course.  If you come close to that date and you need more time, you can simply send an email to my chambers asking for more time and that will be considered at the time.  Is that appropriate?

PN31          

MR HALL:  Yes, that sounds good.

PN32          

VICE PRESIDENT HATCHER:  All right.  I thank the parties for their attendance.  I will proceed on that basis.  I will send advice as to the next date and we will now adjourn.

ADJOURNED INDEFINITELY������������������������������������������������� [9.40 AM]