C2005/1353, Transcript of Proceedings [2005] AIRCTrans 1164 (17 May 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 11528-1

SENIOR DEPUTY PRESIDENT HAMBERGER

C2005/1353

APPLICATION BY MEDIA, ENTERTAINMENT AND ARTS ALLIANCE
s.113 - Application to vary an Award
(C2005/1353)

SYDNEY

9.46AM, MONDAY, 09 MAY 2005

PN1

MR M RYAN: I appear for the Media, Entertainment and Arts Alliance and with me is MR M JONES.

PN2

MR D HAMILTON: I continue my appearance for the Australian Entertainment Industry Association.

PN3

MS K RICHARDS: I appear for the Victorian Employer's Chamber of Commerce and Industry.

PN4

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Ryan?

PN5

MR RYAN: Yes, thank you, your Honour. During early this morning I had a bit of discussion with Mr Hamilton about the way forward in this matter and taking on board your comments when the matter was last before you about the need for some statistics and numbers. Having regard to the fact that the award is now a common rule award in Victoria as well and that all the respondents are not members of Mr Hamilton's association, we think that a further two months would allow both parties to gather as much information as possible in relation to the number of employees in the industry covered by the award and the floors of employment that they are engaged under as well as the other information concerning leave taken and the like to go into to that mathematical equation that says underline, underpin the loading components. So we think, although it is a bit down the track, having regard to your comments and statements earlier it is necessary for us to do that so that we can both - in the unlikely event we reach agreement but in any event, so that both sides know the factual basis and the impact that it will have for the employees under the award. So we would be looking at somewhere towards late July, your Honour.

PN6

THE SENIOR DEPUTY PRESIDENT: For what?

PN7

MR RYAN: I think at that stage, with the information - we will try and talk amongst ourselves before that but it would either be for programming, I suspect, or possibly hearing. I suspect more likely the former, your Honour.

PN8

THE SENIOR DEPUTY PRESIDENT: Okay. So we can set it down for a date in late July and obviously perhaps you could let us know beforehand whether it is going to be actually the set down dates for hearings or whether we will actually hear it then.

PN9

MR RYAN: Yes.

PN10

THE SENIOR DEPUTY PRESIDENT: Okay. That's fair enough, we can do that.

PN11

MR RYAN: That is all, thank you.

PN12

THE SENIOR DEPUTY PRESIDENT: Okay. Mr Hamilton?

PN13

MR HAMILTON: Your Honour, I think the late July date would be for programming by the look of the material that we have to source. As Mr Ryan just mentioned we were just having a talk about it and there is probably a void of information about independent cinemas. I suppose we could probably agree that independent cinema is about a quarter of the total cinema industry in Australia, three quarters being made up of the majors as we call them. If we can find some figures on the total cinema industry then we might be able to agree on a formula of extrapolating those type of figures for this part of the industry. Like MEAA we are sourcing material as well and unfortunately that hasn't been coming in as quickly as we would like. Just one matter, your Honour, when we were last before you we did ask the applicant for a detailed outline of the grounds that they were basing the application on. As yet we have not received that information. But prior to the July date, we would appreciate a detailed outline of the application from MEAA.

PN14

MR RYAN: We can undertake to do that, your Honour.

PN15

THE SENIOR DEPUTY PRESIDENT: Sorry? You don't have - - -

PN16

MR RYAN: We can undertake to do that.

PN17

THE SENIOR DEPUTY PRESIDENT: Okay. Do you want to put a date on it
or - - -

PN18

MR HAMILTON: No, that's fine, your Honour, as long as - - -

PN19

THE SENIOR DEPUTY PRESIDENT: But before the July hearing would be good.

PN20

MR HAMILTON: Yes.

PN21

THE SENIOR DEPUTY PRESIDENT: Okay. I would appreciate that as well I must say. So the MEAA will produce a detailed outline of the grounds for their application before the July hearing.

PN22

MR HAMILTON: Thank you, your Honour. That is all I have to say at the moment.

PN23

THE SENIOR DEPUTY PRESIDENT: Okay. Thank you. Ms Richards?

PN24

MS RICHARDS: Thank you, your Honour. Similarly VECCI has no opposition to the matter being set down again in late July perhaps for programming, and I would support the submissions put by Mr Hamilton with respect to that. Yes. So we would look forward to seeing it down again in late July.

PN25

THE SENIOR DEPUTY PRESIDENT: Okay. So, well then, the matter will be re-listed, we don't have to cite the date now but sometime in the second half of July. At this stage it will be set down for programming if things have happened in the meantime that might just suggest that we could actually have dates for hearing at that time then. I will see if we can have a look at that but at the moment I think what we would be saying is it would just be another mention basically, for programming. But in the meantime, the alliance will produce a detailed outline of the grounds for the application which will obviously go to the Commission and to the other parties. Okay? Thank you very much.

<ADJOURNED INDEFINITELY [9.52AM]