Epiq logo Fair Work Commission logo

 

 

 

 

 

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009                                                    

 

VICE PRESIDENT HATCHER

 

AM2021/54

 

cl.48, Schedule 1 of the Fair Work Act 2009

 

Variation of a modern award

(AM2021/54)

Telstra Award 2015

 

Melbourne

 

4.00 PM, MONDAY, 23 AUGUST 2021


PN1          

THE VICE PRESIDENT:  I'll take the appearances.  Mr Kemppi, you appear for the ACTU.

PN2          

MR KEMPPI:  Yes, Vice President.

PN3          

THE VICE PRESIDENT:  Ms Wiles, you appear for the CFMMEU.

PN4          

MS WILES:  Yes, Vice President.

PN5          

THE VICE PRESIDENT:  Ms Tobin, you appear for the AMWU.

PN6          

MS TOBIN:  That's right, Vice President.

PN7          

THE VICE PRESIDENT:  Mr Pardo, you appear for the SDA.

PN8          

MR PARDO:  Yes, Vice President.

PN9          

THE VICE PRESIDENT:  Mr Duncalfe, you appear for the AWU.

PN10        

MR DUNCALFE:  That's correct, Vice President.

PN11        

THE VICE PRESIDENT:  Ms Miflin, you appear for the UWU.

PN12        

MS MIFLIN:  Yes, thank you, Vice President.

PN13        

THE VICE PRESIDENT:  Mr Arndt, you appear for Australian Business Industrial and New South Wales Business Chamber.

PN14        

MR ARNDT:  Thank you, Vice President.

PN15        

THE VICE PRESIDENT:  Mr Smith, you appear for Australian Industry Group.

PN16        

MR SMITH:  Thank you, Vice President.

PN17        

THE VICE PRESIDENT:  And Mr Hodges, you appear for the Victorian Automotive Chamber of Commerce.

PN18        

MR HODGES:  Yes, thank you, Vice President.

PN19        

THE VICE PRESIDENT:  All right.  Just by reference to the notice of listing, can I first address the five awards which are grouped together and - the five awards and award clauses which are grouped together and relate to casual conversion provisions.  In relation to - I think there was one exception, the casual conversion clauses in group one awards, there was consent to treat those matters as a common issue.  Did the parties take issue with the proposition that likewise in respect of these five award clauses they should be dealt with as a common issue?  Does anyone wish to take issue with that?  Well, I'm hearing absolute silence.  Can I take that to be agreement to that proposition?

PN20        

MR SMITH:  Yes, no difficulties from Ai Group, Your Honour.

PN21        

THE VICE PRESIDENT:  All right.  Well, I'll assume there's assent to that proposition.  So what I propose to do in respect of those award clauses, as indicated the final hearing about these matters will be on 6 and 7 September, s unless any party wishes to dispute this, I propose that the parties that are disputing the provisional view should file any evidence and submissions by 26 August, and that any evidence and submissions in reply should be filed by 2 September.  Does any other party wish to take issue with those directions?  No, all right, those directions will be made.

PN22        

I'll now deal with the remaining four awards and award clauses.  The Alpine Resorts Award, am I right in saying that the SDA is the only party attending today that wishes to be heard in relation to that award?  Mr Pardo, are you there?

PN23        

MR PARDO:  Yes, Vice President.

PN24        

THE VICE PRESIDENT:  You wish to be heard in relation to that award, do you?

PN25        

MR PARDO:  Yes, Vice President.

PN26        

THE VICE PRESIDENT:  Yes.  There's no other party that wishes to be heard in relation to that award?

PN27        

MR PARDO:  Not to my knowledge, Vice President.

PN28        

THE VICE PRESIDENT:  Right.  Mr Pardo, do you wish to file any further submissions or evidence in relation to your objection to the provisional view?

PN29        

MR PARDO:  Yes, Vice President.  If it's convenient if we had until 4 pm Friday that would be ample time for us to file.

PN30        

THE VICE PRESIDENT:  Well, that might not be enough -  might be too much, I'm afraid.  Just hold on.

PN31        

MR PARDO:  Yes, Vice President.

PN32        

THE VICE PRESIDENT:  Yes, all right.  So for that award, 27 September(sic) for the SDA.

PN33        

MR PARDO:  May it please the Commission, thank you, Vice President.

PN34        

THE VICE PRESIDENT:  And if any party wishes to respond to that will have until 2 September.  The next one is the Cleaning Services Award.  So who wishes to be heard in relation to that award?  So the UWU, is that right?

PN35        

MS MIFLIN:  Yes, that's right.  Thank you, Vice President.

PN36        

THE VICE PRESIDENT:  Do any of the employer organisations wish to be heard in relation to that award?

PN37        

MR SMITH:  Vice President, Ai Group has a significant interest in that matter and wishes to be heard.  Thank you.

PN38        

THE VICE PRESIDENT:  Now just remind me, Mr Smith, you're the organisation objecting to the provisional view there.  Is that right?

PN39        

MR SMITH:  That's correct.  We won't need a lot of time because we've set out in a fair bit of detail in our written submissions the issues but we would like to be heard.

PN40        

THE VICE PRESIDENT:  Right.  Do you wish to file any further written submissions or evidence?

PN41        

MR SMITH:  Not unless anything else is filed, your Honour.  We're happy to rely on what's already been filed.

PN42        

THE VICE PRESIDENT:  Right.  So from the UWU's perspective, do you wish to file any submissions or evidence in response to what the AIG has already filed?

PN43        

MS MIFLIN:  Yes, if we could, Vice President.

PN44        

THE VICE PRESIDENT:  All right.  So in relation to the Cleaning Services Award, I'll allow the UWU and any other party which wishes to respond to the AIG's submission already filed, to file their evidence and submissions by 27 September and Mr Smith, you can have until 2 September to file anything in reply.  Is that suitable?

PN45        

MS MIFLIN:  Sorry, Vice President, what was that date for us?

PN46        

THE VICE PRESIDENT:  Sorry, I said September, 27 August.

PN47        

MS MIFLIN:  Yes, yes, that's fine.  Thank you.

PN48        

THE VICE PRESIDENT:  And for you, Mr Smith, 2 September.

PN49        

MR SMITH:  Yes, that's fine, Vice President.  Thank you.

PN50        

THE VICE PRESIDENT:  Right, thank you.  Next is the Horse and Greyhound Training Award.  Mr Duncalfe, you appear in relation to that award?

PN51        

MR DUNCALFE:  That's correct, Vice President.

PN52        

THE VICE PRESIDENT:  Do any of the employer organisations wish to make submissions about that award?  No, all right.  Mr Duncalfe, does the AWU wish to file further evidence and submissions in relation to clause 10.7 of that award?

PN53        

MR DUNCALFE:  No, Vice President.  We're content with relying on our written subs that have already been filed.

PN54        

THE VICE PRESIDENT:  All right.  What I'll simply do is make a direction that any party which wishes to reply to the AWU's submissions already filed they should do so by 27 August.  And then there's residual matter in relation to clauses 11.1 and 11.12 of the Textile Award.  Ms Wiles, your organisation's already filed fairly extensive submissions, I think, in relation to that matter.

PN55        

MS WILES:  Thank you, Vice President.  Look, we would like an opportunity to make some brief submissions in response to the AIG contentions, if that is possible.

PN56        

THE VICE PRESIDENT:  All right.  And Mr Smith, would you likewise want the opportunity to file submissions in response to the CFMMEU's submissions?

PN57        

MR SMITH:  Yes, thank you, Vice President.  They were quite detailed and we haven't had a chance to study those yet, so if we could have an opportunity to put in some additional submissions that would be great.

PN58        

THE VICE PRESIDENT:  All right.  So what I think I'll do, I'll allow both sides until 30 August to file submissions in response to each other's submissions.  Is that appropriate?

PN59        

MS WILES:  Thank you, Vice President, yes, that would be good for us.

PN60        

MR SMITH:  Yes, thank you, Vice President.

PN61        

THE VICE PRESIDENT:  All right, thank you.  Well, I think we've dealt with everything.  The parties can expect that in due course there'll be a hearing program published for the hearings on 6 and 7 September but that won't be until we get the responses for the Group 3 awards.  Does any party have anything else they wish to raise?  No, all right.  I thank you for your attendance and we'll now adjourn.

ADJOURNED INDEFINITELY                                                            [4.20 PM]