AM2012/43, Transcript of Proceedings [2012] FWATrans 989 (17 September 2012)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 1034557-1

SENIOR DEPUTY PRESIDENT HARRISON

AM2012/43

Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

Application by Australian Security Industry Association Ltd
(AM2012/43)
Transport (Cash in Transit) Award 2010

(ODN AM2008/21)
[MA000042 Print PR986384]]




Sydney

9.34AM, TUESDAY, 4 SEPTEMBER 2012

Continued from 25/07/2012

PN1

THE SENIOR DEPUTY PRESIDENT: Are there any changes to the appearances in this matter?

PN2

MS T. WALTON: There are, your Honour. Walton, initial T, for the Transport Workers Union of Australia.

PN3

THE SENIOR DEPUTY PRESIDENT: Thanks, Ms Walton. This is listed for a report back. Should I start with you, Mr Delaney?

PN4

MR C. DELANEY: Yes. Thank you, your Honour. We have only just had a discussion with the TWU about this matter. They have identified some issues that they have with our application and wish to have further discussions about that. We don’t have any problem with getting involved in further discussions. If it can resolve any issues, we will do that. I think to that extent, there are - is it the 20th?

PN5

MS WALTON: 20th and 21st, I think.

PN6

MR DELANEY: 20th and 21st the matter is set down.

PN7

THE SENIOR DEPUTY PRESIDENT: This matter is set down, is it? There are other matters set down, yes. I can’t recall if I set this matter down for those days as well.

PN8

MR DELANEY: We could endeavour to have discussions and see if we can have a report back on that date, or either of those dates, as well.

PN9

THE SENIOR DEPUTY PRESIDENT: Yes, I see. Yes, all right. Any reason why discussions couldn’t have occurred prior to this morning?

PN10

MR DELANEY: You would have to ask the TWU that, your Honour.

PN11

THE SENIOR DEPUTY PRESIDENT: Ms Walton, any reasons why discussions didn’t occur before this morning?

PN12

MS WALTON: Your Honour, largely because I was dependent on our New South Wales branch who have a major interest in this particular award. I hadn’t had the opportunity to have discussions with them and didn’t get instructions until late yesterday.

PN13

THE SENIOR DEPUTY PRESIDENT: All right. Look, that’s fine. We can do that. I think then for the purposes of what needs to be transcribed, I might indicate that this matter will be listed for a further report back on - just a moment. Do either of you have a preference for the 20th or the 21st?

PN14

MR DELANEY: They’re both fine with me.

PN15

MS WALTON: Yes.

PN16

THE SENIOR DEPUTY PRESIDENT: All right. The other matters that are listed on that day are to commence at 10 am so do you think 9.45 would be adequate on the Thursday morning?

PN17

MR DELANEY: Yes. Thank you, your Honour.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes. We will adjourn until that time and a further notice of listing will go out. In the event you consider, because of other matters that you discuss, that a quarter of an hour is just not going to be adequate, let me know, because you might have to get a special listing or we might have to perhaps list it at the end of the day on the 20th, at 4.15 or so, in which case you might have a little bit more time. For the time being, it will be 9.45 am on Thursday, 20 September.

PN19

Now, we will go off transcript on this because there might be a few other matters I might wish to raise with you in the nature of housekeeping matters. To the extent any persons reading the transcript who may have in recent times acquired an interest in this application but have not to date informed my chambers of that, they can contact my chambers and they will be informed of what these matters are that I refer to as housekeeping matters that might be able to be attended to in the context of any variations made as part of the two-yearly modern award review. We will go off transcript now.

<NO FURTHER PROCEEDINGS RECORDED [9.38AM]