TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009                                       1056531

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER LEE

AM2017/43

s.156 - 4 yearly review of modern awards

Four yearly review of modern awards

(AM2017/43)

General Retail Industry Award 2010

Melbourne

1.03 PM, MONDAY, 29 OCTOBER 2018

Continued from 15/10/2018

PN1110

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

PN1111

MR W FRIEND:  For the SDA, if the Commission pleases.

PN1112

MR J STAMELOS:  If the Commission pleases, Stamelos, J, on behalf of the ARA and MGA.

PN1113

JUSTICE ROSS:  Thank you.  In Brisbane?

PN1114

MR A MILLMAN:  If the Commission pleases, Millman, initial A, on behalf of the National Retail Association.

PN1115

JUSTICE ROSS:  Thank you.  Following the issuing of a correction order on 1 October we received correspondence from the SDA of 5 October, then the NRA of 18 October and the ARA and MGA on 23 and 29 October.  So we've had an opportunity to read all of that.  It's just we felt that it would be quicker to have a short oral hearing, if anyone wanted to say anything about what anyone else had said.

PN1116

Before we get to that, I just want to raise one particular matter with you, Mr Millman.  In your submission you identify what you say is a problem, this is at - bear with me for a moment, 2.5 to 2.8.  This is about the Saturday casual matter.  We published a draft determination without prejudice to the outcome of today's proceedings last week.  That makes it clear that the additional loading for casuals on Saturdays applies to ordinary hours worked. Does that resolve the issue that you've raised?

PN1117

MR MILLMAN:  Substantially, your Honour, but in order for all the documentation in this matter to be in accord with each other, so that the decision and transition arrangements contained therein accords with the determination as issued, we still consider it to be a relevant and appropriate use of the Commission's power to issue a section 602 to correct the transitional arrangements in paragraph 284 of the decision as published.

PN1118

JUSTICE ROSS:  Right.  Does anyone else wish to say anything in either reply to what someone else has said or by way of short oral supplementation?

PN1119

MR FRIEND:  Only this, if the Full Bench pleases.  The view is taken within my client that the 180 per cent reflected a 30 per cent shift loading plus there's a 30 per cent shift loading Monday to Friday.  We appreciate it's 25 per cent on Saturday and it looks like the Commission's done 25 per cent here, and if that's what's happened then we understand what's happened.

PN1120

JUSTICE ROSS:  Yes.

PN1121

MR STAMELOS:  Thanks, your Honour, we rely on our written submission.

PN1122

JUSTICE ROSS:  We've heard that the NRA has said but does anyone feel a burning need to correct the decision in relation to - it was plain from - - -

PN1123

MR FRIEND:  It was the application.

PN1124

JUSTICE ROSS:  Yes.

PN1125

MR FRIEND:  It was the application was for ordinary - only on ordinary time.  We have no issue with that.

PN1126

JUSTICE ROSS:  That's exactly right.  There's no misunderstanding and in any event the determination would make all of that clear.

PN1127

MR STAMELOS:  Agree, your Honour.

PN1128

JUSTICE ROSS:  Nothing further?

PN1129

MR STAMELOS:  No.

PN1130

JUSTICE ROSS:  We'll issue a short decision in relation to all of these matters later this afternoon and we'll then publish the variation determination.  Thanks very much for your attendance.

ADJOURNED INDEFINITELY                                                           [1.07 PM]