AG2005/6724, Transcript of Proceedings [2006] AIRCTrans 74 (18 January 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13966-1

SENIOR DEPUTY PRESIDENT ACTON

AG2005/6724

APPLICATION BY LAWRENCE (VIC) PTY LTD
s.170LK - Agreement with employees (Division 2)
(AG2005/6724)

MELBOURNE

12.29PM, FRIDAY, 18 NOVEMBER 2005

PN1

MS S WILLEKES: If the Commission pleases, I seek leave to appear on behalf of Lawrence (Vic) Pty Ltd. With me today I have Ms Donna Proben who is the employee representative and also in the courtroom I have Mr Glen Lawrence, who is the employer representative.

PN2

If the Commission pleases, this matter is also listed for a 170XF application. This application is made as we seek designation of the Clerks Vehicle Industry Repair Services and Retail Award. This award has not been declared a common rule award to date and therefore we seek designation of the award.

PN3

THE SENIOR DEPUTY PRESIDENT: I have got some doubts about that.

PN4

MS WILLEKES: That it has been declared?

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, well - -

PN6

MS WILLEKES: We searched this morning and unless WageNet hasn’t been updated - it would suit us that their award has been declared common rule. We also checked the AIRC website to see if it had been declared.

PN7

THE SENIOR DEPUTY PRESIDENT: I must say my associate likewise checked and she gave me the same view as you but what I’m thrown by is the loose leaf version that I have before me of the Repair Service Retail Award. It has the AWU number and then “CAV” after it which would suggest it’s - - -

PN8

MS WILLEKES: That it hasn’t declared - - -

PN9

THE SENIOR DEPUTY PRESIDENT: - - - ACT and Victoria. But let me just see if I can scan the award history to see whether that can enlighten us any. Here we go:

PN10

PR954481, 20 December 2004, award declared common rule in Victoria, by Acton SDP.

PN11

MS WILLEKES: Which was possibly why you believed it had been declared.

PN12

THE SENIOR DEPUTY PRESIDENT: So, I don’t think we need to exhibit.

PN13

MS WILLEKES: Fantastic. Well, if the Commission pleases we withdraw the 170XF application.

PN14

THE SENIOR DEPUTY PRESIDENT: Thank you.

PN15

MS WILLEKES: Before the Commission today is an application for certification of a section 170LK agreement pursuant to Division 2 of the Workplace Relations Act. In support of the application a statutory declaration was filed by Mr Glen Lawrence which set out the requirements of the Act and also the aspects of the certified agreement which divert from the relevant awards.

PN16

In particular, with the certified agreement there are four key awards, the Vehicle Services Repair and Retail Award and the Clerks Vehicle Industry Repair Services and Retail Award; there is also the Clerical and Administrative Employees Award Victoria which is relevant and the Commercial Sales Award.

PN17

THE SENIOR DEPUTY PRESIDENT: What’s the other Victorian clerk’s one? I know the Victorian Clerks Admin.

PN18

MS WILLEKES: There’s the Clerks Vehicle Industry Repair Services and Retail Award 2003. There is the Vehicle Industry Repair Services and Retail Award 2002.

PN19

THE SENIOR DEPUTY PRESIDENT: Are they in your stat dec?

PN20

MS WILLEKES: Yes, they are.

PN21

THE SENIOR DEPUTY PRESIDENT: But in your stat dec I have got 6.1, Clerical Administrative Employees Victoria Award 1999, Commercial Sales (Vic) Award 1999.

PN22

MS WILLEKES: I think 6.2, the Clerks Vehicle Industry Repair Services Award was inserted.

PN23

THE SENIOR DEPUTY PRESIDENT: I see.

PN24

MS WILLEKES: Which we believed needed designation.

PN25

THE SENIOR DEPUTY PRESIDENT: Hang on, we’re looking at different awards then.

PN26

MS WILLEKES: The Vehicle Industry Repair Services Retail Award has been declared common rule.

PN27

THE SENIOR DEPUTY PRESIDENT: Yes. No, I was looking at the Vehicle Industry. The Clerks Vehicle Industry Repair Services and Retail Award - - -

PN28

MS WILLEKES: Has not been declared common rule.

PN29

THE SENIOR DEPUTY PRESIDENT: Right, no. Well, you will have to declare that. Why do we need that award when we have got the Clerical Administrative?

PN30

MS WILLEKES: The Clerical Administrative Employees Award has been used solely for the aspects or the classifications under the agreement which is Clerical and Admin Employees. That is in the office, the payroll employees.

PN31

THE SENIOR DEPUTY PRESIDENT: Can I just take you to - - -

PN32

MS WILLEKES: The agreement?

PN33

THE SENIOR DEPUTY PRESIDENT: Yes, just to the schedule at the back.

PN34

MS WILLEKES: Within the schedule the Clerical and Admin Award has been used for the purposes of the administration assistant and clerical personnel and payroll accounts.

PN35

THE SENIOR DEPUTY PRESIDENT: So, that’s what is commonly known as Victorian Clerks Award.

PN36

MS WILLEKES: Yes.

PN37

THE SENIOR DEPUTY PRESIDENT: It’s the table 3 people, is it?

PN38

MS WILLEKES: No, sorry, the Clerks Award will be the table 1 people, the rental job classifications. That is the rental services officers.

PN39

THE SENIOR DEPUTY PRESIDENT: Right.

PN40

MS WILLEKES: Because Lawrence (Vic) Pty Ltd is a Thrifty business, the rental services officers are those people that man the front desk, take phone calls, book cars.

PN41

THE SENIOR DEPUTY PRESIDENT: Okay. So you say the rental services officers relate to - - -

PN42

MS WILLEKES: The clerks.

PN43

THE SENIOR DEPUTY PRESIDENT: - - - the Victorian Clerks Award?

PN44

MS WILLEKES: Yes.

PN45

THE SENIOR DEPUTY PRESIDENT: The cleaner relates to which award?

PN46

MS WILLEKES: The Vehicle Industry Award.

PN47

THE SENIOR DEPUTY PRESIDENT: Repair Service Retail, is it?

PN48

MS WILLEKES: Yes, that’s right.

PN49

THE SENIOR DEPUTY PRESIDENT: The admin assistant clerical person, payroll accounts relates to which one?

PN50

MS WILLEKES: The Clerical and Administrative Employees Award.

PN51

THE SENIOR DEPUTY PRESIDENT: So the Vic Clerks Award again?

PN52

MS WILLEKES: No, the Clerical and Administrative Employees Award Victoria 1999.

PN53

THE SENIOR DEPUTY PRESIDENT: Hang on, I think we have mistaken then the first one.

PN54

MS WILLEKES: The first one is the award under 6.2, the Clerks Vehicle Industry Repair Services and Retail Award.

PN55

THE SENIOR DEPUTY PRESIDENT: Right, okay.

PN56

MS WILLEKES: Under table 4 the sales representative would be Commercial Sales.

PN57

THE SENIOR DEPUTY PRESIDENT: Yes, okay. So the first one is 6.2, the Clerks Vehicle Industry?

PN58

MS WILLEKES: Yes.

PN59

THE SENIOR DEPUTY PRESIDENT: RS and R. Okay. Does that have a specific classification called rental services, does it?

PN60

MS WILLEKES: No, it doesn’t. It just has four classifications dealing with the various tasks of an administrative and clerical employee. The award was chosen because under the area and incidence of the award it talks under about 3.1.3 of the award:

PN61

The award applies to any employee in the establishment not falling within the two abovementioned subclauses but who is engaged in the motor vehicle rental business.

PN62

This award was selected - - -

PN63

THE SENIOR DEPUTY PRESIDENT: This is a Queensland award, is it?

PN64

MS WILLEKES: Well, there is some - I don’t believe it is because the award refers to relating to any employer who is a member of the VACC, which is the Victorian Accident Compensation Commission.

PN65

THE SENIOR DEPUTY PRESIDENT: No, no, it's the Victorian Automobile Chamber of Commerce.

PN66

MS WILLEKES: Sorry, yes. It also refers to in the accident makeup pay clause to the Workers Compensation Act in Victoria. We had sought this award as we believed that potentially the reference to Queensland might have been - - -

PN67

THE SENIOR DEPUTY PRESIDENT: It clearly says:

PN68

This award shall apply in the state of Queensland in respect of work of employees which is performed -

PN69

et cetera.

PN70

MS WILLEKES: And then and employer - it talks about the VACC.

PN71

THE SENIOR DEPUTY PRESIDENT: But it may be that there would be employers in Victoria who are members of the VACC who also have operations in Queensland.

PN72

MS WILLEKES: Operations in Queensland.

PN73

THE SENIOR DEPUTY PRESIDENT: Yes. I don’t know that we can take the membership of the VACC as extending the award to Victoria.

PN74

MS WILLEKES: On that basis we would still seek designation of the award as we believe it is a relevant award for the purposes of the no disadvantage test.

PN75

THE SENIOR DEPUTY PRESIDENT: Why aren’t these employees subject to the common rule Victorian Clerks Award?

PN76

MS WILLEKES: The Clerical and Administrative Employees Award?

PN77

THE SENIOR DEPUTY PRESIDENT: Yes.

PN78

MS WILLEKES: Because their primary function isn’t solely clerical and administration duties. They do do duties which form part of the rental services industry and that is taking a large amount of phone calls, making bookings over the phone. Part of their role is also a sales function whereas the Clerical and Administrative Employees Award solely deals with word processing and deals with banking and finance skills.

PN79

THE SENIOR DEPUTY PRESIDENT: Yes. I must say, to convince me, you’re going to have to give me more than that because what you’re effectively saying to me is at the moment they’re award free.

PN80

MS WILLEKES: When my client has conducted investigations as to award coverage they contacted both the Department of Workplace Relations and also WageNet to see what award would cover them. In both instances they were actually told they were award free. I believe that the common practice with all rental businesses including many of the other businesses is that they’ve been told specifically and provided with advice that there is no relevant award for these employees. This is one of the main reasons why we selected the Clerks Vehicle Industry Award.

PN81

THE SENIOR DEPUTY PRESIDENT: Okay. Let’s move on from this because there’s a few other issues that I need to raise with you which may mean I don’t have to determine the XF today.

PN82

MS WILLEKES: If the Commission pleases.

PN83

THE SENIOR DEPUTY PRESIDENT: Yes, keep going on the agreement.

PN84

MS WILLEKES: We say that the agreement passes the no-disadvantage test based on the information which has been submitted to the Commission and particularly the wage rates contained in the schedule to the agreement. If the Commission pleases, you will note that they are set out as either a salary or a part-time rate. There is no relevant classification for casual under this agreement. The agreement has a commitment to part-time or full-time staff.

PN85

In terms of the scope of the work performed and the hours worked by these employees, the agreement does extend the hours beyond 38 and in that respect an aspect of overtime has been taken into account in establishing the wage rates for those employees. If it assists the Commission I do have a table which I may hand up which provides for some no-disadvantage test calculations as to how the salaries were arrived at and the components of overtime that were taken into account.

EXHIBIT #W1 DOCUMENT ENTITLED NO DISADVANTAGE TEST CALCULATIONS SUMMARY IN RESPECT OF THE LAWRENCE (VIC) PTY LTD WORKPLACE AGREEMENT 2005

PN86

THE SENIOR DEPUTY PRESIDENT: Yes?

PN87

MS WILLEKES: If the Commission has regard to this document it establishes that - just taking for example the trainee rental services officer - under the award rate in determining certified agreement rate 4 hours were included within the salary or the hourly rate at 100 per cent and 2 hours at 200 per cent. No employee works solely on a weekend. Therefore the 43 and a half hours can be worked any time of the week from Monday to Sunday and at all stages within their work whether it’s on Monday to Friday, they do get the components of overtime factored in. On this basis - - -

PN88

THE SENIOR DEPUTY PRESIDENT: This commission bonus - let’s just take the rental services offer. The commission bonus, you have got a minimum of 2160 per annum. Where’s that in the agreement?

PN89

MS WILLEKES: The agreement does refer to that commissions may be earned but there is no minimum guarantee of commissions.

PN90

THE SENIOR DEPUTY PRESIDENT: So where do we get the minimum from?

PN91

MS WILLEKES: The number was provided by instruction. I do also have a further document which I can provide to the Commission which summarises the bonuses paid to full-time staff in the last 12 months and that all those bonuses paid to staff actually do exceed the bonus that we have taken into account for the purposes of a no-disadvantage test.

PN92

THE SENIOR DEPUTY PRESIDENT: This covers 44 employees, I understand, something like that, isn’t it?

PN93

MS WILLEKES: Yes, that’s - - -

PN94

THE SENIOR DEPUTY PRESIDENT: And there’s only eight who are full-time, is it?

PN95

MS WILLEKES: No, that is full-timers who have been employed for the full 12 months.

PN96

THE SENIOR DEPUTY PRESIDENT: Okay. So are they the only ones who have got bonuses?

PN97

MS WILLEKES: No. Part-timers and full-timers who have been employed within that full-time period have also received bonuses.

PN98

THE SENIOR DEPUTY PRESIDENT: What’s the bonus clause again?

PN99

MS WILLEKES: Clause 16.

PN100

THE SENIOR DEPUTY PRESIDENT: How do you get a bonus? If it’s in accordance with the Thrifty bonus and commission plan, given we’re placing such reliance on it, how do I get it?

PN101

MS WILLEKES: If the Commission pleases, I would have to just confirm those instructions with my client, if I could have a moment.

PN102

THE SENIOR DEPUTY PRESIDENT: Yes.

PN103

MS WILLEKES: I am instructed that the bonuses are calculated on revenue earned by the business of which a percentage is paid to the employee in line with revenue that was generated by them whether that’s through insurance or the car rentals.

PN104

THE SENIOR DEPUTY PRESIDENT: Okay. But it’s “the plan as issued by Thrifty from time to time” so they can slash and burn it tomorrow?

PN105

MS WILLEKES: We would suggest that, no, that would not be permissible. They are required to - obviously it does form part of the remuneration. The words “as issued from time to time” are designed to take into account the business fluctuations.

PN106

THE SENIOR DEPUTY PRESIDENT: Well, it’s “the plan as issued”.

PN107

MS WILLEKES: Yes. If the Commission pleases, the commissions that have been taken into account in the no-disadvantage test to obviously pass are substantially lower than the commissions and bonuses paid to employees. So there is some room. There’s also a contractual issue that, with the employees is that, an employee could possibly argue that, “It’s part of my contract of employment that I am paid in accordance with the bonus plan unless” - - -

PN108

THE SENIOR DEPUTY PRESIDENT: Well, I haven’t seen their contract of employment and the certified agreement won’t form part of their contract unless it specifically says so.

PN109

MS WILLEKES: No.

PN110

THE SENIOR DEPUTY PRESIDENT: Byrne and Frew. So, yes, anyway keep going.

PN111

MS WILLEKES: In addition to the agreement there are some various benefits. The agreement obviously, as I have already mentioned, does not contain a casual classification. The extent of the spread of hours takes into account the components of overtime. In this regard both annual leave and sick leave are calculated on the extent and spread of hours so the 43.5 hours or the 45 hours is the amount that an employee would receive when they receive overtime - I mean annual leave and sick leave. I apologise.

PN112

The spread of hours where work may be performed is consistent with the hours as set out in the relevant awards. The junior relativities under the agreement are higher than the relevant awards. In terms of cashing in annual leave only excessive annual leave is entitled to be cashed in, so not annual leave with under 25 days accrued. And the rolled up rates, that is the part-time rate which includes a value for all leave, take into account the entire sick leave and a portion of bereavement leave which an employee might otherwise not take and therefore those employees, if they didn’t take any sick leave, would lose their entitlement. But when they receive the rolled-up rates they do get the full value of that per year.

PN113

We say that the agreement does contain many benefits. It is also probably interesting - well, important to note that the wages under the agreement would provide for significant benefits to each of the employees and many of the employees will be receiving wage increases as a result of certification of this agreement. Thrifty has - well, Lawrence (Vic) Pty Ltd has acted as an award-free employer on the basis of advice which has been received from the Department of Workplace Relations, that there was no relevant award for any of their employees save for the clerical and admin employees, and therefore the agreement represents a marked increase to entitlements than currently received.

PN114

THE SENIOR DEPUTY PRESIDENT: How many cleaners have they got?

PN115

MS WILLEKES: I believe it’s two per outlet, roughly one or two. The business is in a bit of a state of fluctuation at the moment with some employees having recently left.

PN116

THE SENIOR DEPUTY PRESIDENT: The Vehicle Repair Service Retail Award is a common rule award.

PN117

MS WILLEKES: Yes, it is.

PN118

THE SENIOR DEPUTY PRESIDENT: So that would also apply.

PN119

MS WILLEKES: Sorry, apply to the cleaners, yes.

PN120

THE SENIOR DEPUTY PRESIDENT: Yes. And the Commercial Sales Award is common rule.

PN121

MS WILLEKES: Common rule.

PN122

THE SENIOR DEPUTY PRESIDENT: So that would also apply.

PN123

MS WILLEKES: It probably does.

PN124

THE SENIOR DEPUTY PRESIDENT: So the only people who are - - -

PN125

MS WILLEKES: We say award-free are the rental services officers.

PN126

THE SENIOR DEPUTY PRESIDENT: Yes. Yes, anything else?

PN127

MS WILLEKES: Does the Commission have any questions in relation to the agreement which I can help clarify at this stage?

PN128

THE SENIOR DEPUTY PRESIDENT: Yes. You said that the employees are going to receive increases, which suggests some modelling has been done of the effect of the agreement vis-à-vis the awards.

PN129

MS WILLEKES: No. Increases to the salaries, I am instructed that the rental services officers and some of the other employees currently are not paid the salaries which are contained in the schedule to this agreement so upon certification their salary would increase.

PN130

THE SENIOR DEPUTY PRESIDENT: Right, but whether their take-home pay - their gross pay increases, you don’t know?

PN131

MS WILLEKES: I have not done that modelling to date.

PN132

THE SENIOR DEPUTY PRESIDENT: The company must have done modelling.

PN133

MR LAWRENCE: Yes, your Honour, all wages including the bonus with this new certified agreement will be increased.

PN134

THE SENIOR DEPUTY PRESIDENT: So everyone is better off under the agreement, are they?

PN135

MR LAWRENCE: That is correct.

PN136

THE SENIOR DEPUTY PRESIDENT: So you can give me the modelling?

PN137

MS WILLEKES: Yes, we would have to obtain instructions, if possible.

PN138

THE SENIOR DEPUTY PRESIDENT: Because the difficulty I have with this agreement is that it is, notwithstanding exhibit W1 - and I’ll mark the bonus summary as W2.

EXHIBIT #W2 BONUS SUMMARY

PN139

THE SENIOR DEPUTY PRESIDENT: It is impossible for me to tell just on the basis of these figures how people are going to be fair under the agreement
vis-à-vis what they would get under the award, because one needs to look at how the place operates in terms of shifts, et cetera, to see what their earnings are under a shift under the agreement vis-à-vis under a shift under the award. The reason I asked the question about the modelling is that I would be astounded if the company hadn’t done any modelling on what it’s going to cost them or what it’s going to save them. I really need that information to be able to test it.

PN140

I’ll come back to that. But while I have got you, one other matter is that clause 37 is the dispute settlement procedure or the grievance procedure and at clause (d) it says:

PN141

If the matter is unable to be resolved by Thrifty’s management and were referred to the Commission -

PN142

What’s the Commission to do?

PN143

MS WILLEKES: The Commission has the powers conferred under the Workplace Relations Act.

PN144

THE SENIOR DEPUTY PRESIDENT: Well, they leave it open to the parties to decide, which is conciliation or private arbitration or both or - - -

PN145

MS WILLEKES: Yes, we would submit that the parties, should a dispute arise, would arrive at that determination. The Commission does have powers under one section 111 - - -

PN146

THE SENIOR DEPUTY PRESIDENT: 111AA?

PN147

MS WILLEKES: Yes, that’s right, whether they do have powers to order arbitration on a matter. I believe there have been some decisions on that issue.

PN148

THE SENIOR DEPUTY PRESIDENT: No, no, no. The agreement needs to be clear about what the role of the Commission is. It’s to be referred to the Commission but there is no reference to what the Commission is to do. What is the parties’ understanding that the Commission is to do once it comes to it?

PN149

MS WILLEKES: The parties - I’m instructed the initial stage would be conciliation as it would be in any dispute, is to conciliate the matter to arrive at some form of understanding or resolution to the dispute. Whether arbitration would flow from that would be a matter to be decided.

PN150

THE SENIOR DEPUTY PRESIDENT: So the agreement only authorises conciliation in respect of disputes that come to it?

PN151

MS WILLEKES: If the Commission would seek further clarification on that I’d have to obtain further instructions - - -

PN152

THE SENIOR DEPUTY PRESIDENT: I think you need to.

PN153

MS WILLEKES: - - - as to whether arbitration and power - - -

PN154

THE SENIOR DEPUTY PRESIDENT: You see, the difficulty that it presents is that actually when there’s a dispute about what it means, who knows, the way it’s worded at the moment. That’s why I asked the question. And if it gives the Commission a certain power then you want to be clear about that now, not when there’s a dispute, because otherwise people’s views about what it means are coloured by the dispute as opposed to what’s intended by the agreement. So you need to seek instructions on that, I think.

PN155

MS WILLEKES: I will seek instructions.

PN156

THE SENIOR DEPUTY PRESIDENT: I might just go through some other issues. I must say that the notion that in a certified agreement you are bound by Thrifty’s policies is not terribly helpful because I don’t know what those policies are. They may say things in terms of terms and conditions which place the agreement in the no-disadvantage test. I just don’t know. I just raise that with you. That’s clause 7.

PN157

MS WILLEKES: At this stage I can say that those policies are traditionally sexual harassment, occupational health and safety, equal opportunity. However, I do appreciate the Commission’s comment.

PN158

THE SENIOR DEPUTY PRESIDENT: Yes. It appears that the policies as they stand now - I don’t know whether that’s what’s intended - as opposed to the policies as they may be varied from time to time but the agreement doesn’t talk about the variation from time to time.

PN159

MS WILLEKES: No.

PN160

THE SENIOR DEPUTY PRESIDENT: As it does in the plan.

PN161

MS WILLEKES: And the Commission policy.

PN162

THE SENIOR DEPUTY PRESIDENT: Yes. Okay? So you need to clarify that I think. How many outlets does this cover?

PN163

MS WILLEKES: 11 outlets, which are within the greater - well, the Melbourne metropolitan and the greater Melbourne metropolitan area.

PN164

THE SENIOR DEPUTY PRESIDENT: All right. They’re the only questions I had on the agreement proper, apart from, I have got to say, the general overriding concern that I have about whether the agreement meets the no-disadvantage test because I just can’t tell from the way the agreement is structured. No, I should actually say the other difficulty that I have with the schedule is it’s got job classifications but it’s actually got no classification definitions.

PN165

MS WILLEKES: No. They would be determined by job descriptions.

PN166

THE SENIOR DEPUTY PRESIDENT: Yes. Well, of course the job description impacts on the no-disadvantage test because depending on what’s in the job description is the comparison you do against a classification in an award. When there’s no classification definitions provided against the job title how do you know which ones to compare? You have made some suggestions, I understand, in W1 about what is the appropriate award classification.

PN167

MS WILLEKES: Yes, each of the award classifications were assessed against the job classifications in the schedule.

PN168

THE SENIOR DEPUTY PRESIDENT: Yes. And I assume that thereby you are saying that they have the same classification definition.

PN169

MS WILLEKES: No, because the agreement overrides entirely the award. But however for the purposes of assessing the no-disadvantage test as to when you compare the style of tasks performed by rental services officers we have the style tasks under the award. That was how the classification - - -

PN170

THE SENIOR DEPUTY PRESIDENT: Yes. The difficulty is that I don’t have them. I don’t have the classification definitions under the agreement and therefore I can’t make the comparison with an award classification because I have no idea what the job does vis-à-vis the job in the award where there is a classification definition.

PN171

MS WILLEKES: We can look at providing you with some additional information.

PN172

THE SENIOR DEPUTY PRESIDENT: Yes. What I intend to do is adjourn this matter so you can look at those issues. But the issue I raise of a comparison of the outcome for an employee under the agreement vis-à-vis the relevant award, is one that also needs to be looked at beyond exhibit W1. The modelling that the company has done may be appropriate, or alternatively an examination of some existing rosters across a number of - -

PN173

MS WILLEKES: That was my initial thoughts.

PN174

THE SENIOR DEPUTY PRESIDENT: I think we have done this before, haven’t we, for another - - -

PN175

MS WILLEKES: Yes, we have.

PN176

THE SENIOR DEPUTY PRESIDENT: You know what I’m talking about there.

PN177

MS WILLEKES: I do.

PN178

THE SENIOR DEPUTY PRESIDENT: It may be the appropriate way to go.

PN179

MS WILLEKES: Yes.

PN180

THE SENIOR DEPUTY PRESIDENT: Who was it again, was it Subway?

PN181

MS WILLEKES: Yes, it was.

PN182

THE SENIOR DEPUTY PRESIDENT: Yes, it was Subway. You know what I’m talking about. I’ll adjourn this matter on that basis and when you have got the material - - -

PN183

MS WILLEKES: I can contact your associate?

PN184

THE SENIOR DEPUTY PRESIDENT: - - - and contact my chambers. In the meantime I’ll return this part of the award.

PN185

MS WILLEKES: Thank you.

PN186

THE SENIOR DEPUTY PRESIDENT: I’ll now adjourn.

<ADJOURNED ACCORDINGLY [12.58PM]

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #W1 DOCUMENT ENTITLED NO DISADVANTAGE TEST CALCULATIONS SUMMARY IN RESPECT OF THE LAWRENCE (VIC) PTY LTD WORKPLACE AGREEMENT 2005 PN85
EXHIBIT #W2 BONUS SUMMARY PN138