AM2014/300, Transcript of Proceedings [2015] FWCTrans 103 (3 March 2015)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 1049688-1

JUSTICE ROSS, PRESIDENT

AM2014/300

s.156 - Four yearly review of modern awards

Four yearly review of modern awards
(AM2014/300)
Award flexibility

(ODN AM2008/2)
[MA000001CRV Print PR985111]

Sydney

1.05 PM FRIDAY, 20 FEBRUARY 2015

PN1.

JUSTICE ROSS: Can I have the appearances in Sydney, please? Probably just start from one end and work the way to the other will be quickest.

PN2.

MR S CRAWFORD: If please the Commission, Crawford, initial S, from the AWU.

PN3.

MR M NGUYEN: Nguyen, N-g-u-y-e-n, initial M, for the Australian Manufacturing Workers Union.

PN4.

MR S MAXWELL: Your Honour, Maxwell, initial S, for the CFMEU.

PN5.

MS W CARR: Please the Commission, Carr, initial W, for the Transport Workers Union.

PN6.

MR B FERGUSON: If it please the Commission, Ferguson, initial B, for the Australian Industry Group.

PN7.

MR N WARD: Ward, initial N, for Australian Business Industrial.

PN8.

MR R CALVER: If it please the Commission, Calver, initial R, for Master Builders Australia, your Honour.

PN9.

MS M ADLER: Adler, initial M, for the Housing Industry Association.

PN10.

JUSTICE ROSS: In Melbourne?

PN11.

MS J DOLAN: If the Commission pleases, Ms Dolan, initial J for the ACTU.

PN12.

MS V WILES: If the Commission pleases, Wiles, initial V, for the Textile, Clothing and Footwear Union.

PN13.

JUSTICE ROSS: Anyone else in Melbourne? No. Adelaide?

MR E WALLGREN: If the Commission pleases, Wallgren, initial E, for the South Australian Wine Industry Association.

PN14.

JUSTICE ROSS: Is there anyone else there with you?

PN15.

MR WALLGREN: No. I think there might be some confusion as to timing. I think people assumed it was going to start 1 here in Adelaide. This is not the case, so I think they might be coming in a bit later.

PN16.

JUSTICE ROSS: As luck would have it, this issue at least - I say this with some trepidation - looks fairly confined. No one else is there with you at the moment, is that correct?

PN17.

MR WALLGREN: No.

PN18.

JUSTICE ROSS: Canberra?

MS S McKINNON: May it please the Commission, McKinnon, initial S, for the National Farmers Federation.

PN19.

JUSTICE ROSS: You would have seen the statement issued on 18 December and the draft directions. I think there's a bit of to-ing and fro-ing between the CFMEU and AI Group about awards and the like. But let's just go to the draft directions for the moment. The only proposition for change is the direction number 2, which is that:

All parties are to file in the Commission comprehensive written submissions, any relevant documentary material and comprehensive witness statements by Pam Friday 6 March.

It's proposed that that date be slipped to 4 pm on Wednesday, 18 March. Bearing in mind, that's a direction that applies to all parties so, in other words, the proposition is that you would get an extra 12 days to file your material. Can I just deal with the people in Sydney at the moment? Anyone opposed to that?

PN20.

MR MAXWELL: Yes, your Honour.

PN21.

JUSTICE ROSS: You can file your material earlier, Mr Maxwell.

PN22.

MR MAXWELL: Your Honour, our understanding is that those proposing the changes are to file submissions by 6 March.

PN23.

JUSTICE ROSS: Yes. That was in the draft, yes.

PN24.

MR MAXWELL: Yes. The basis of the AIG's proposal to change it to the 18th because they have other matters to deal with, including the Productivity Commission and a range of other matters. So do a number of other parties. But given that our main submissions will be in response to the AIG, giving them the 12 days' extension - - -

PN25.

JUSTICE ROSS: But the metalworkers, I think have - they're applicants as well.

PN26.

MR MAXWELL: I understand that, your Honour. I think the Metal Workers will speak for themselves shortly. But in regard to the time available for our responses, because of the hearing on the - proposed hearing on 22 and 23 April there isn't time for a commensurate extension of time for us to put in a response. I just point out that between 18 and 15 April we also have a number of matters that we're involved with. We have a three-day Full Bench dealing with accident pay. We also have a limited time to respond to the employers' responses to our submissions on accident pay. There is also the complication of Easter falling within that period. So we oppose the extent of the extension that - sought by the AIG. Whether an extension till 11 March is appropriate, that's what we would propose.

PN27.

MR FERGUSON: We obviously pressing the request for the extension until the 18th. It is put in light of some very significant matters that we're dealing with, as are other parties, particularly the Productivity Commission which has been thrust upon us.

PN28.

JUSTICE ROSS: Mr Nguyen?

PN29.

MR NGUYEN: Your Honour, we oppose the extension as well and support the statements that Mr Maxwell has made.

PN30.

JUSTICE ROSS: Anyone else in Sydney want to say anything about it?

PN31.

MR CRAWFORD: We're supporting the CFMEU and the AMWU too.

PN32.

JUSTICE ROSS: In Melbourne?

MS DOLAN: Your Honour, we oppose the extension of time, but essentially the rest of the year is blacked out and I think Mr Maxwell has portrayed a good example of other people's timetables and situations. So any changes to this timetable would significantly affect the rest of the parties who have to respond.

PN33.

JUSTICE ROSS: Yes. Anyone else want to say anything?

PN34.

MS WILES: Your Honour, it's Ms Wiles for CTFUA. We support the submissions made by the CFMEU, the AMWU and the ACTU in that we also oppose the extension sought by the AIG for similar reasons that have already been discussed. Thank you.

PN35.

JUSTICE ROSS: The essence of your concern, Mr Maxwell, is that it abbreviates the time you've got to respond and you would be prepared to accommodate a shift to 11 March but the 18th is just a bridge too far. Is that the - - -

MR MAXWELL: That's correct, your Honour.

PN36.

JUSTICE ROSS: Just bear with me for a moment. Just trying to help you out, Mr Maxwell. If the variation, as proposed by AI Group, was agreed to and then instead of the unions filing their material by 15 April they filed it by 23 April and the hearing was on 29 and 30 April. Is that - - -

PN37.

MS WILES: Your Honour - - -

PN38.

JUSTICE ROSS: Just a minute.

PN39.

MS WILES: I'm sorry, your Honour - - -

PN40.

JUSTICE ROSS: Yes, it's all right.

MR MAXWELL: Subject to checking what else is on at that time, I wouldn't have a problem with that proposed timetable.

MS DOLAN: Your Honour, I'm unavailable for those dates. I could not accommodate at all that move of the dates to the 22nd to 23rd.

PN41.

JUSTICE ROSS: I regret that might mean you need to get another advocate, Ms Dolan. I can't be trying to move dates for individuals. You'll need to find someone else from the ACTU to run it. Bearing in mind it's a Metal Worker claim and there seem to be plenty of other unions that want to oppose the AI Group claim and I think this case will largely will run on the written submissions. The oral argument is there, the questions and the like and if whoever replaces you needs to take a question on notice then we'll endeavour to accommodate that. It's just we start to bump into annual wage review issues if I do anything else with it. But as for the timings for the moment, is there anything wrong with gaps that are provided?

PN42.

UNIDENTIFIED SPEAKER: That's acceptable to us.

PN43.

JUSTICE ROSS: You all right with, Mr Maxwell?

PN44.

MR MAXWELL: Yes, your Honour.

PN45.

JUSTICE ROSS: Mr Nguyen?

PN46.

MR NGUYEN: Sorry, your Honour, what day were the unions to respond?

PN47.

JUSTICE ROSS: I think it was the - if I say 23rd April?

PN48.

MR NGUYEN: Yes.

PN49.

JUSTICE ROSS: You get roughly five and two-thirds weeks now and that gives you roughly the same amount of time. That was my intent anyway. If I've got the maths wrong, let me know.

PN50.

MR NGUYEN: That's fine, thank you, your Honour.

PN51.

JUSTICE ROSS: Anybody else? Anyone else concerned about the timing? I understand your concern, Ms Dolan, but I'm - while I'm sympathetic to it I'm also conscious that those are the only two days I've got in either - at the moment, either or May.

PN52.

Was there anything else in relation to this matter? I'll publish revised directions reflecting what we've discussed. In South Australia, if you can pass that on to the people who arrive at - in 10 minutes. The good news for them is that they'll be able to participate in the next conference which about the ACTU's fine(?).

We'll adjourn until 1.30. Thanks very much.

ADJOURNED INDEFINITELY [1.17 PM]