EM2013/33, Transcript of Proceedings [2014] FWCTrans 417 (30 July 2014)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 1050312-1

SENIOR DEPUTY PRESIDENT HARRISON

EM2013/33

Sch. 6, Item 4 - Application to make a modern award to replace an enterprise instrument.

GrainCorp Operations Limited
and
The Australian Workers' Union; National Union of Workers; Maritime Union of Australia, The; "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(EM2013/33)
Grainco Australia Limited Award - Queensland 2003

(ODN AR14 OF 2003)
[AN140135 Print ]]




Sydney

10.58AM, THURSDAY, 17 JULY 2014

TECHNICAL ISSUES

ON THE RECORD [10.58AM]

PN1

THE SENIOR DEPUTY PRESIDENT: We’ll go back onto transcript. I think there were some difficulties earlier for the submissions being transcribed. I think what is important is that the discussions I’ve had with parties in conference have been predominately about issues that relate to the power of the Commission to do what the applicant here seeks. That is, whether there is a power to replace an enterprise instrument with anything other than a modern enterprise award. So the issue arises as to whether three modern enterprise awards can be made to replace eight enterprise instruments.

PN2

Depending on that ruling there might be some other related issues. That is what the impact of an adverse ruling against the applicant might be. Would that allow the applicant to amend its application? Additionally if there is no adverse ruling and that’s what is sort by the applicant, there was a power to achieve consistent with the schedule. There may be an additional issue about whether the instrument that comes out of it might be one that can properly have geographical boundaries by reference to one or other of the states. They seem to be the issues that raised questions of power at the full bench to make modern enterprise awards in to this matter.

PN3

I think the upshot of all of our discussions is that the employer/applicant should have four weeks to consider what it wishes to do in relation to these applications and inform the Commission and the parties in writing what it’s proposal is. Depending on that proposal there might be some directions that then issue or there might be another programme. In fact you can even suggest yourself, Mr Salmon what procedurally should happen after you give us all that advice. I don’t think that in the interim there’s going to much utility in requiring you to put on the charts that we mentioned earlier. I think hold off on that and similarly with the unions I don’t think there’s any utility in them filing any other documents or submissions. Four weeks takes us to about Thursday, 14 August. Do you agree with that?

PN4

MR A. SALMON: Thank you.

PN5

THE SENIOR DEPUTY PRESIDENT: We expect to receive something on or before Thursday, 14 August from the applicant and depending on what you have to say there my associate can be in contact with you in relation to further programming. We now adjourn.

<ADJOURNED INDEFINITELY [11.02AM]