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Fair Work Act 2009                                   1058857-1






cl.48, Schedule 1 of the Fair Work Act 2009
Variation of a modern award
Telstra Award 2015






2.00 PM, MONDAY, 30 AUGUST 2021


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?


MR M CONDELLO:  Yes, Vice President.


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


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


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


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


MR S CRAWFORD:  Yes, your Honour.


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


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


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


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


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?


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.


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


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


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?


MR CONDELLO:  Yes, Vice President, thank you.


VICE PRESIDENT HATCHER:  All right, thank you.


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?


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


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


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.


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


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.


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


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


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.


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]