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

ACTING PRESIDENT HATCHER

AM2022/25

s.158 - Application to vary or revoke a modern award

Application by Treves

(AM2022/25)

Horticulture Award 2020

Sydney

9.30 AM, WEDNESDAY, 25 JANUARY 2023

Continued from 21/12/2022

PN58

ACTING PRESIDENT HATCHER:  I'll take the appearances.  Ms Treves, you appear on your own behalf?

PN59

MS TREVES:  Yes.

PN60

ACTING PRESIDENT HATCHER:  Mr Duncalfe, you appear for the Australian Workers' Union?

PN61

MR DUNCALFE:  I do, Acting President, yes.

PN62

ACTING PRESIDENT HATCHER:  Mr Pefanis, you appear for the United Workers' Union?

PN63

MR PEFANIS:  Yes, Acting President.

PN64

ACTING PRESIDENT HATCHER:  And, Mr Rogers, you appear for the National Farmers' Federation?

PN65

MR ROGERS:  Yes, thank you, Your Honour.

PN66

ACTING PRESIDENT HATCHER:  All right, well, I understand, Ms Treves, you've now filed all the material that you want to file in response to the union's material and, Mr Rogers, you've filed your submissions in reply, correct?

PN67

MS TREVES:  Yes.

PN68

MR ROGERS:  That's correct, Your Honour.

PN69

ACTING PRESIDENT HATCHER:  Now, Ms Treves, it's your application.  There's two ways in which the matter might proceed:  the first might be that the Commission simply determines the matter on the papers; that is on the basis of the documents that the various parties have filed.  Alternately, the matter could be determined by way of a hearing before the Full Bench of the Commission in which the parties could have the opportunity to cross-examine witnesses and make further oral submissions.  What is your preference in that respect, Ms Treves?

PN70

MS TREVES:  I would like things to just be (indistinct) on the information I've put forward so far.  I have no need to cross-examine.

PN71

ACTING PRESIDENT HATCHER:  All right, thank you.  Well, I'll turn to the union first:  Mr Duncalfe and Mr Pefanis, in circumstances where Ms Treves doesn't want a hearing and doesn't want to cross-examine the witness statements that have been filed in response, do you say that there is any need to have a hearing or can we simply determine the matter on the papers?

PN72

MR DUNCALFE:  For the AWU, we can determine this matter on the papers, Your Honour.

PN73

ACTING PRESIDENT HATCHER:  Mr Pefanis?

PN74

MR PEFANIS:  Likewise for the United Workers' Union � we'd prefer that the matter be dealt with on the papers.

PN75

ACTING PRESIDENT HATCHER:  Thank you.  What about you, Mr Rogers?

PN76

MR ROGERS:  Yes, Your Honour � we're comfortable with that approach, thank you.

PN77

ACTING PRESIDENT HATCHER:  Okay, well, on that basis what I will do is I will assemble a Full Bench to determine the matter.  We will consider the material that's been filed by the parties.  That's the written statements and the submissions and we'll issue a decision in relation to the matter as soon as we practically can.  So if there is nothing further, Ms Treves � if you have any questions about the procedure, place them now otherwise we'll adjourn and simply take that course.

PN78

MS TREVES:  I'm happy with that, thanks for your time and for everybody else's time.

PN79

ACTING PRESIDENT HATCHER:  All right.  I thank the parties for their attendance.  We'll now adjourn and the matter will be determined according to the procedure I've just outlined.  Thank you.

ADJOURNED INDEFINITELY����������������������������������������������������������� [9.47 AM]