C0006/598, Transcript of Proceedings [2001] AIRCTrans 1853 (8 August 2001)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

JUSTICE BOULTON

C No 00065 of 1998

APPLICATION FOR A REVIEW PURSUANT TO
ITEM 51 SCHEDULE 5 TRANSITIONAL WROLA
ACT 1996 OF THE AIRCRAFT INDUSTRY
(QANTAS AIRWAYS LIMITED) AGREEMENT 1985
RE AWARD SIMPLIFICATION

SYDNEY

11.15 AM, FRIDAY, 20 JULY 2001

Continued from 29.05.01

PN22

HIS HONOUR: Who wishes to begin? Any changes in the appearances?

PN23

MR C. PHILLIPS: If it please, yes the AWU has a new appearance in myself.

PN24

HIS HONOUR: Yes, thank you.

PN25

MR T WALLACE. I appear for the AMWU but also for the LHMU.

PN26

MR D. SWEET: Appearing for the CEPU in this matter, your Honour. I note I've got a letter and it's been CC'd to the Commission as well, dated 19 July 2001 in which the NUW asks whether or not I could appear for them and I seek leave to appear for them. However you should note in the third paragraph the NUW informed myself and also the Commission that in respect of the Aircraft Industry (Qantas Airways) Agreement 1985 which is the matter before the Commission, the NUW is not a respondent.

PN27

HIS HONOUR: Yes.

PN28

MR SWEET: And they detail a particular award which covers these working arrangements, your Honour.

PN29

HIS HONOUR: Yes, thank you. Now, do you wish to begin, Ms Scarfi?

PN30

MS B. SCARFI: Commission pleases, appearing on behalf of Qantas.

PN31

HIS HONOUR: Yes. Are you going to start?

PN32

MS SCARFI: Well, the parties had some discussions this week over the document which was provided to the Commission the last time we were here which I think was marked as Q1.

PN33

HIS HONOUR: Yes.

PN34

MS SCARFI: I would say that we haven't finalised the agreement but I've just given the parties a copy based on the discussions we had the other day and we haven't had any real discussion as to that document but I don't think that there are many issues that we are apart on, your Honour.

PN35

HIS HONOUR: Yes.

PN36

MS SCARFI: Don't think.

PN37

HIS HONOUR: So is the idea that there will be a new or a simplified agreement or might it be the same approach as in the previous matter?

PN38

MS SCARFI: We haven't had any discussions on incorporating the agreement into the award. Initially probably Qantas response would be well no we believe it should be separate but it would be fair to say that we haven't had any real discussion internally about whether that would be the correct approach and there hasn't been any real discussions of parties either.

PN39

HIS HONOUR: I see. So the document that you circulated based on the discussions earlier in the week, that's an amended version of the exhibit Q1?

PN40

MS SCARFI: Q1, yes, your Honour.

PN41

HIS HONOUR: Yes. Let me hear what the others say about where things are. Yes, Mr Sweet?

PN42

MR SWEET: Thank you, your Honour. I can confirm that the parties did meet earlier this week to discuss this award. Discussions were constructive and Ms Scarfi undertook to provide an amended draft of that award which we've received today. Regrettably, for the Commissions purposes it probably doesn't allow us enough time to consider the document but there are perhaps a couple of matters we'd like to raise with you in conciliation - sorry, in conference if we could go into conference in a few minutes. In terms of incorporating this award into the main award and we haven't put a lot of thought into it and maybe we did earlier. We should know this award is a bit different to the Ansett award and it might be a little bit more difficult so perhaps for ease it's probably our best preliminary view let's just leave it standing alone for the moment and we also, I guess, flag what your Honour raised.

PN43

Again, we haven't had time to fully consider the document presented by Ms Scarfi today but it would be useful if in conference we could just discuss a couple of the items out of the old award and whether or not it's appropriate to put them into the new award, your Honour.

PN44

HIS HONOUR: Yes. Mr Wallace or Mr Phillips, do you wish to add anything?

PN45

MR WALLACE: No.

PN46

MR PHILLIPS: No.

PN47

HIS HONOUR: Well, on that basis then I'll adjourn the proceedings into private conference.

OFF THE RECORD

RESUMES [11.13am]

PN48

HIS HONOUR: I've discussed the matter in conference with the parties. There will be some further discussions between the parties regarding the draft that's been provided by Qantas. The parties in the discussions will seek to reach an agreed position regarding the simplification of the 1985 agreement. I've indicated to the parties that I'll list this matter again for 10 o'clock on Wednesday, 12 September in Sydney with a view to finalising the award simplification exercise. The Commission will adjourn until that time. Thank you.

ADJOURNED UNTIL WEDNESDAY, 12 SEPTEMBER 2001 [11.15am]