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TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009                                   1058857-1

 

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

 

 

Sydney

 

 

2.00 PM, MONDAY, 30 AUGUST 2021


PN1             

VICE PRESIDENT HATCHER:  All right, there are two award matters listed for today which arise from the Group 3 awards in which there appears to be a contested view.  First of all, in relation to the Higher Education Industry Academic Staff Award, Mr Condello, you appear for the Group of Eight Universities; is that right?

PN2             

MR M CONDELLO:  Yes, Vice President.

PN3             

VICE PRESIDENT HATCHER:  Mr Andrews, you appear for the Australian Higher Education Industrial Association?

PN4             

MR S ANDREWS:  Yes, I do, your Honour.

PN5             

VICE PRESIDENT HATCHER:  Are there any other appearances for that award?  All right.

PN6             

In relation to the Sugar Award, Mr Crawford, you appear for the AWU?

PN7             

MR S CRAWFORD:  Yes, your Honour.

PN8             

VICE PRESIDENT HATCHER:  Ms Tobin, you appear for the AMWU?

PN9             

MS K TOBIN:  Yes, that's right, Vice President.

PN10          

VICE PRESIDENT HATCHER:  And, Mr Harrington, you appear for the Australian Industry Group?

PN11          

MR H HARRINGTON:  Yes, I do, Vice President.

PN12          

VICE PRESIDENT HATCHER:  All right.  Firstly, in relation to the Academic Award, Mr Condello, your organisation has raised what I think is a fairly minor issue.  Do you wish to be heard further in relation to the issue that you have raised?

PN13          

MR CONDELLO:  No, Vice President, it's really a matter for the Commission as to whether it is satisfied that the variation should be made under section 157 of the Act.  Those submissions were made for completeness and, no, the Group of Eight doesn't wish to be heard further on that matter.

PN14          

VICE PRESIDENT HATCHER:  All right, thank you.  Mr Andrews, do you want to say anything about the matter?

PN15          

MR ANDREWS:  No, your Honour, I'm happy for that course, if that's how it transpires.

PN16          

VICE PRESIDENT HATCHER:  All right, in the circumstances, what I think I will do is I will allow until close of business on 2 September for any party that wishes to reply to the Group of Eight Universities' issue in that respect and then, to the extent that it is an issue, we will just simply deal with it on the papers.  Is that satisfactory?

PN17          

MR CONDELLO:  Yes, Vice President, thank you.

PN18          

VICE PRESIDENT HATCHER:  All right, thank you.

PN19          

Finally, the Sugar Industry Award.  Mr Crawford, your organisation has filed a short submission.  Do you wish to file any lengthier submissions on the assumption that you will, if you wish, have a hearing on 6 or 7 September, or are you content to rely on the written submission and then be heard at the hearing next week?

PN20          

MR CRAWFORD:  Yes, your Honour, that would be acceptable to us.

PN21          

VICE PRESIDENT HATCHER:  All right.  Ms Tobin, what is your organisation's position?

PN22          

MS TOBIN:  The AMWU has an interest in that award, but we are content to simply support the AWU, so we won't be filing any additional submissions or wishing to be heard next week at the hearing in relation to this.

PN23          

VICE PRESIDENT HATCHER:  All right, thank you.  Mr Harrington, is there anything you wish to say?

PN24          

MR HARRINGTON:  Yes, thank you, your Honour.  We support the provisional view that was already expressed by the Commission that the casual conversion term in the Sugar Award be deleted and replaced with the reference to the NES.  We would ask that some time be granted for us to file reply submissions in advance of the hearing.

PN25          

VICE PRESIDENT HATCHER:  All right, close of business on 2 September?

PN26          

MR HARRINGTON:  Just checking.  Yes, that would work for us.

PN27          

VICE PRESIDENT HATCHER:  All right, if you file those submissions by 2 September.  I should inform the parties in relation to the Sugar Industry Award that there will be a program issued in respect of the hearing on 6 and 7 September during the course of the week, so the parties will have a particular time in which they can attend to deal with particular awards, so, if there are any further oral submissions that need to be made, there will be a time nominated for that to occur.

PN28          

Is there anything further from any party?  No?  Thank you.  We will now adjourn and those directions will be confirmed in writing later today.

ADJOURNED INDEFINITELY                                                  [2.15 PM]