C0025/198, Transcript of Proceedings [2002] AIRCTrans 3277 (27 August 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER ROBERTS

C No 00251 of 1998
C No 00252 of 1998

CLUB MANAGERS AND CLUB SECRETARIES
(AUSTRALIAN CAPITAL TERRITORY)
AWARD 1982

CLUB MANAGERS AND CLUB SECRETARIES
(LONG SERVICE LEAVE ACT) AWARD 1972

Review under Item 51, Schedule 5,
Transitional WROLA Act 1996 re
award simplification

SYDNEY

11.06 AM, FRIDAY, 9 AUGUST 2002

Continued from 21.6.02

Hearing Continuing

THIS HEARING WAS CONDUCTED BY VIDEO CONFERENCE IN SYDNEY

PN26

THE COMMISSIONER: Good morning. I think there's a change in appearance isn't there?

PN27

MR D. MORPHETT: Yes, if it please the Commission, I am from the Confederation of ACT Industry. I'm replacing Mr Ryan. Unfortunately, he's left the Chamber of Commerce and I'm taking up the matter for him.

PN28

THE COMMISSIONER: Who is going to report to me?

PN29

MR COOPER: Commissioner, with Mr Ryan, as indicated on the last occasion, we had scheduled a meeting on 3 July. That took place. It was a very constructive session we had in Canberra at the Confederation's office down there. So we went through, I suppose we were starting from afresh, picking up where we left off on the last occasion. We went through the whole award provisions. We double checked them with the simplification decision since that time. That was on the 3rd. I produced a document and left it with Mr Ryan and he was going to consult not only with Mr Morphett but also with the wider membership of clubs to their organisation.

PN30

The next day I met with the Chief Executive of Clubs ACT. That was more of a courtesy. That body, Clubs ACT, is not a registered organisation under the Workplace Relations Act, but as a matter of courtesy they wanted to have some input into the effects of this proposed award on their clubs in the ACT. So I met with officials from Clubs ACT on 4 July. There is a document that has been prepared. That document probably needs a little bit more work. I think I indicated on the last occasion, we've got two other simplification matters happening at the moment.

PN31

Senior Deputy President Lacy, we were before him yesterday with the proposed Hotel Managerial Staffs Award. I was hoping that would have come to a conclusion prior to us going down this path. There's still a few problems with that and we're before Commissioner Raffaelli on Monday to simplify the other federal award in the club industry covering Victoria and Queensland. That's been refined further to ensure that it complies with the act and the latest simplification decisions.

PN32

THE COMMISSIONER: You've almost got a Full Bench operating across this.

PN33

MR COOPER: Yes. So that's as much as I can say. I think we are getting this matter moving. I haven't heard from Mike. This is news to me today that Mr Mike Ryan has left the Chamber so I'm not sure how far and wide that consultation process has got up to at this stage. Thank you.

PN34

THE COMMISSIONER: Mr Morphett?

PN35

MR MORPHETT: Sir, if it please the Commission, I haven't got that much in terms of briefing notes from Mr Ryan, unfortunately. What my hope was, to take the opportunity and in a short period of time after today to make myself available to Mr Cooper, if I've got to go to Sydney or whatever so that we can look more closely at the documents and finalise them. I just had a brief look and I can't actually locate a document that was left. I had no doubt that there was one left but I can't actually locate it so if Mr Cooper could email that to me or get it to me in some form.

PN36

I was actually just looking through the file and I originally had this matter back in 1999. So it's come a full circle. In order to expedite the completion for the simplification process, there may be some value in Mr Cooper and I getting together and finalising our respective positions. There may be some disagreement on a few minor areas and perhaps placing those in writing to you so that that may give you a better position for making your decision on anything that's disagreed.

PN37

THE COMMISSIONER: What sort of timetable though?

PN38

MR MORPHETT: I could probably make myself available late next week or early the week after in Sydney if that was convenient with Mr Cooper.

PN39

THE COMMISSIONER: Well, let's hear from Mr Cooper about that, please.

PN40

MR COOPER: When you say late next week, you're talking about the 15th and 16 August, are you?

PN41

MR MORPHETT: Yes, probably around those dates.

PN42

MR COOPER: The 16th would be fine for me.

PN43

THE COMMISSIONER: Perhaps I can suggest this to you, that I'll give you say a nice generous month to fix this up, hopefully to conclusion. I've got other item 51 report backs at 10am on Monday, 9 September, so we could list this one say for noon on 9 September. How does that strike you, Mr Morphett?

PN44

MR MORPHETT: That's fine with me, thank you, Commissioner.

PN45

THE COMMISSIONER: We can do it in the same format we're doing it today. Is that acceptable to you?

PN46

MR COOPER: That's fine, Commissioner, yes.

PN47

THE COMMISSIONER: Well, given the circumstances of Mr Ryan's departure, I understand where the parties are or are not at the moment. I note that Mr Cooper and Mr Morphett will confer during the next week or two and they will report back to the Commission to me in Sydney at 12 noon on 9 September in the same hearing format as we're using today. Is there anything either of you wish to say?

PN48

MR MORPHETT: Only a brief inquiry, Commissioner, as to whether Mr Cooper will be available this afternoon in his office. I'd better call him and make arrangements.

PN49

MR COOPER: Yes, I will be, I was intending to do that. Commissioner, would you like a copy of the document that was produced between the parties?

PN50

THE COMMISSIONER: I think that would be helpful.

PN51

MR COOPER: What might be helpful too, to expedite this matter if I could, that document there has been worked on with the input also of the ASU, the award simplification unit. There's still some areas that need to be checked in that document but I think that it's going to be helpful for our process. It's a template of a national standard the Club Managers Association are hoping to arrive at and we would feel quite confident that the document we settle upon complies with all of the requirements and all of the relevant test case decisions.

PN52

THE COMMISSIONER: Well, the procedure I'd intend to adopt would be hopefully prior to the report back on 9 September, you'll have a document for me. If that can be provided to me as soon as possible, I'll get the award simplification unit to look through it and perhaps I'll have some further advice that way for you on the 9th but what I want to point out to you is that this award or these awards are part of a number of ACT awards which the President has referred to me in the earnest hope that I'll finalise them quickly given that some of them do date back some years. So I'd like a very serious attempt made to have this matter basically finalised by 9 September to keep me out of hot water as much as you people.

PN53

This matter is now adjourned.

ADJOURNED UNTIL MONDAY, 9 SEPTEMBER 2002 [11.16am]