AG2009/23410, Transcript of Proceedings [2010] FWATrans 459 (19 March 2010)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 25167-1

COMMISSIONER MCKENNA

AG2009/23410

s.185 - Application for approval of a single-enterprise agreement

Toll Dnata Airport Services Pty Ltd T/A Toll Dnata Airport Services Pty Ltd
and
Australian Municipal, Administrative, Clerical and Services Union
(AG2009/23410)





Sydney

9.39AM, FRIDAY, 22 JANUARY 2010

PN1

THE COMMISSIONER: Yes, could I have the appearances, please.

PN2

MR L. IZZO: Commissioner, my name is Luis Izzo. I'm appearing for the applicant for approval of the agreement, Toll Dnata.

PN3

THE COMMISSIONER: Thank you. Mr Izzo, are you a solicitor?

PN4

MR IZZO: Yes, I am.

PN5

MS P. LOWSON: Commissioner, I continue my appearance for the union.

PN6

THE COMMISSIONER: Thank you.

PN7

MS LOWSON: Commissioner, two things have occurred since we were last before you. One is that the employer has corresponded with us and indicated that they take no issue with our standing in these proceedings. So in that case I'm hopeful that that issue will disappear, and we're here. The second thing that has occurred is that the employer usefully prepared some consent orders, and we're almost in agreement about them. The only issue is, I think, the question of the date for hearing. Can I hand up what's been proposed and just indicate to you, Commissioner, the issue that's outstanding.

PN8

THE COMMISSIONER: Thank you.

PN9

MS LOWSON: Commissioner, you'll see that it provides for filing of evidence and submissions, and those first four points are agreed. The issue is that, understandably, the employer is eager to have the matter set down, and the date that was proposed, 19 February - unfortunately, I'm not available on that date.

PN10

We have indicated to the employer that I am - and obviously I realise this is subject to the commission's convenience - available on 26 February and I may become available during the course of today on 22, 23 and 24 February.

PN11

THE COMMISSIONER: The 26th is free.

PN12

MS LOWSON: The 26th is available for you, Commissioner? That certainly would be convenient.

PN13

MR IZZO: On that basis, we're happy for the 26th, Commissioner.

PN14

MS LOWSON: In that case, everything is agreed then, Commissioner.

PN15

THE COMMISSIONER: How long do you estimate the hearing will take?

PN16

MS LOWSON: It's a little difficult to know, because it will depend to a degree - the extent to which there's cross-examination of witnesses.

PN17

THE COMMISSIONER: Estimate of a day at this stage?

PN18

MS LOWSON: A day at this stage, yes. It may be that it doesn't take as long as that, particularly when there are filed written submissions, but that would certainly be my expectation; that we can complete it on that day.

PN19

MR IZZO: I'd agree, Commissioner.

PN20

THE COMMISSIONER: Thank you. I make the consent orders - directions in the terms proposed by the parties, and the matter will be listed for hearing on Friday, 26 February 2010 at 10 am. Is there anything else that needs to be attended to?

PN21

MS LOWSON: No, Commissioner.

PN22

THE COMMISSIONER: If not, thank you very much.

<ADJOURNED UNTIL FRIDAY, 26 FEBRUARY 2010 [9.43AM]