C2005/3643, Transcript of Proceedings [2005] AIRCTrans 1525 (18 July 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 12124-1 12125-1
12126-1 12127-1

COMMISSIONER TOLLEY

C2005/3643 C2005/3645 C2005/3655 C2005/3662

APPLICATION BY LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
s.113 - Application to vary an Award
(C2005/3643)

APPLICATION BY LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
s.113 - Application to vary an Award
(C2005/3645)

APPLICATION BY LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
s.113 - Application to vary an Award
(C2005/3655)

APPLICATION BY LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
s.113 - Application to vary an Award
(C2005/3662)

MELBOURNE

9.30AM, WEDNESDAY, 06 JULY 2005

PN1

MR B REDFORD: I appear for the LHMU in this matter.

PN2

MS S KATZEW: I represent VECCI and its members respondent to the award.

PN3

THE COMMISSIONER: Yes. Now, my associate informs me that those at the bar table will be here for the first four matters. Is there any reason why those first four matters that are listed can't be taken as a whole?

PN4

MR REDFORD: I don't think so, Commissioner. Some of the awards have been common rule and then some of them haven't. So the only difference between the applications are that some of the applications contemplate the apprenticeship and rates with respect to the common law and some of them don't. And I can identify for you which ones do and which ones don't.

PN5

THE COMMISSIONER: Yes. And you prepared draft orders?

PN6

MR REDFORD: I have prepared draft orders, Commissioner. I was going to seek your leave to file amended draft orders with your chambers by the end of the week just to correct some anomalies but - - -

PN7

THE COMMISSIONER: Yes. Have you had a chance to look at those draft orders, Ms Katzew?

PN8

MS KATZEW: Yes, but there do need to be amendments made.

PN9

THE COMMISSIONER: I can't hear you, I am sorry. You are going to have to use a big voice because I want to magnify your voice.

PN10

MS KATZEW: Right. I have seen the draft orders which have been provided to you as well and that does need to be granted leave to amend the draft orders. I haven't seen any amended draft orders.

PN11

THE COMMISSIONER: Okay. But if I grant leave and there is no disagreement on the draft orders there is no reason why we can't proceed, I would take them as a whole.

PN12

MS KATZEW: No. Except - - -

PN13

THE COMMISSIONER: I am trying to save you some time.

PN14

MS KATZEW: Just in terms of the Jenny Craig Award, I represent Jenny Craig.

PN15

THE COMMISSIONER: Yes. For the purpose of the record, call the first four matters consecutively please

PN16

THE ASSOCIATE: Matter C2005/3645, matter 2005/3655 and matter C2005/3662.

PN17

THE COMMISSIONER: Yes. Mr Redford?

PN18

MR REDFORD: If the Commission pleases. Commissioner, this is an application, these are applications to vary these awards with respect to the Full Bench decision relating to safety net increases. If I may, Commissioner I will hand up statements as to service in relation to all four applications.

PN19

THE COMMISSIONER: Yes. Thank you. Have you got a copy of those, Ms Katzew?

PN20

MR REDFORD: I just ask my learned friend, Commissioner, if I can give her her copies after the hearing, just to save time.

PN21

THE COMMISSIONER: Have you got a problem with that?

PN22

MS KATZEW: No, your Honour.

PN23

THE COMMISSIONER: Yes, Mr Redford.

PN24

MR REDFORD: Thanks, Commissioner. All four statements of service, Commissioner, contain evidence that the applications with respect to each variation and a copy of the notice of listing was served was served on either the parties to the award or the parties named in awards for substituted service made by the Commission. And they also contain evidence of that service, Commissioner. The applications themselves seek to amend the awards to provide for an increase of $17 per week as contemplated by the Full Bench's decision. All four applications comply with the 12 month rule, Commissioner, and for the record the union gives the verbal undertaking contemplated by the principles with respect to all four applications. As I said, Commissioner, I would seek your permission to file amended draft orders with your chambers by the end of the week and those draft orders will reflect the terms of those applications. If the Commission pleases.

PN25

THE COMMISSIONER: Yes, thank you. Ms Katzew?

PN26

MS KATZEW: VECCI doesn't oppose the application on the whole, and are agreeable to the end of the week extension to receive the draft orders.

PN27

THE COMMISSIONER: And you want your copies of the draft orders transmitted to you at the same time they are transmitted to my chambers.

PN28

MS KATZEW: Yes, your Honour.

PN29

THE COMMISSIONER: Good. Well, in matters C2005/3643, C2005/3645, C2005/3655 and C2005/3662, the Commission grants the applications before it. There is no resistance to the applications being granted and the Commission allows the applicant in this matter, the LHMWU to file amended draft orders and at the same time, send copies of the draft orders to Ms Katzew by Friday of this week. The matters are adjourned. Thank you.

<ADJOURNED INDEFINITELY [9.36AM]