AM2014/70, Transcript of Proceedings [2015] FWCTrans 203 (7 April 2015)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009                                    1051615-1

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
SENIOR DEPUTY PRESIDENT HAMBERGER
COMMISSIONER BISSETT
COMMISSIONER BULL

AM2014/70

s.156 - 4 yearly review of modern awards

Four yearly review of modern awards - Award stage - Sub groups 1A & 1B - Exposure drafts - Concrete Products Award 2010
(AM2014/70)

Melbourne

11.39 AM, WEDNESDAY, 25 MARCH 2015

PN740

JUSTICE ROSS: Could I have the appearances, please.

PN741

MR B FERGUSON: My name is Ferguson, initial B, for the Australian Industry Group. With me is Ms R Bhatt.

PN742

JUSTICE ROSS: Thanks, Ferguson. In Sydney?

PN743

MR S CRAWFORD: If it pleases the commission, Crawford, initial S, from the AWU.

PN744

JUSTICE ROSS: Thanks, Mr Crawford. Is there anyone else?

PN745

MR K SCOTT: Yes. Scott, initial K, appearing for ABI and the New South Wales Business Chamber.

PN746

MS LIGHT: Light, initial J, for the Australian Federation of Employers and Industries.

PN747

JUSTICE ROSS: Thank you. Is there anything you want to add to ‑ ‑ ‑

PN748

MR FERGUSON: Just one amendment. We won't press paragraph 187. We don't raise that as an issue.

PN749

JUSTICE ROSS: That's the accommodation allowance matter?

PN750

MR FERGUSON: Yes, it was a clause that fell under the heading of "distant work" in the original draft. We're not convinced that the changes result in a substantive change, on reflection.

PN751

JUSTICE ROSS: All right. What do the other parties wish to say about the range of matters raised by AI Group?

PN752

MR CRAWFORD: Your Honour, aside from the issues relating to rates of pay which appear at paragraphs 175 and 176 of the AIG's submission, we agree with a lot of the material that the AIG have put forward. Even in areas where we don't necessarily agree at this stage, we would be confident that we could resolve the issues via discussions directly with AIG. They are not, in our view, major substantive issues. They're more just drafting, I guess, errors that are being tidied up.

PN753

JUSTICE ROSS: Yes.

PN754

COMMISSIONER BULL: Mr Crawford would you be amendable for the commission to assist the parties having a conference? I think all parties seem to be in Sydney - if I was to assist there?

PN755

MR CRAWFORD: Absolutely, Commissioner. I guess the issues relating to rates of pay may not be able to progress very far pending a decision from the commission, but, aside from that, I'd be quite confident in just one conference. We could probably sort the rest out.

PN756

COMMISSIONER BULL: All right. Did you want to, prior to whatever date that may be set, just send a note off to the parties as to what you do agree with in respect to the AIG's submissions? That might be helpful to focus on what's outstanding.

PN757

MR CRAWFORD: Yes, I can do that.

PN758

JUSTICE ROSS: Thank you. Mr Scott and Ms Light, are you content with that?

PN759

MR SCOTT: Yes, your Honour.

PN760

MS LIGHT: Yes, your Honour.

PN761

JUSTICE ROSS: Was there anything that you wanted to raise other than in response to the matters that AI Group has raised?

PN762

MR SCOTT: Nothing from me, your Honour.

PN763

MS LIGHT: Nothing from us, your Honour.

PN764

JUSTICE ROSS: All right. We'll deal with it on that basis.

PN765

MR FERGUSON: Yes.

PN766

JUSTICE ROSS: The AWU will provide in writing a response to the matters that - leaving aside those general issue considerations, but the other matters that AI Group has raised and Commissioner Bull will convene a conference with the parties.

PN767

MR FERGUSON: Thank you.

PN768

JUSTICE ROSS: Because we've listed them at certain times, there's not much we can do about it, but with the Premixed Concrete, Asphalt, Cement and Lime, Quarrying, are the parties that are in this matter the parties that are in all of those?

PN769

MS LIGHT: Yes, your Honour.

PN770

JUSTICE ROSS: Okay. Perhaps we might do this: we'll adjourn until quarter past 12 and deal with Premix Concrete and then the others, rather than yo‑yoing in and out. My associate will be here at 12 o'clock just in case anyone else turns up. I'd encourage you to use the video facilities so that you can have a chat amongst yourselves about how you think we should proceed in relation to the remaining four.

PN771

Perhaps when we come back, we'll deal with Premix Concrete. We'll deal with the other three collectively. If you can indicate at the start of that whether you have a preferred means of resolving some of these remaining outstanding issues. We'll adjourn until quarter past.

ADJOURNED INDEFINITELY                                                        [11.44 AM]