AM2014/93, Transcript of Proceedings [2015] FWCTrans 360 (16 June 2015)

TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009 1051937

---

VICE PRESIDENT HATCHER

AM2014/93

s.156 - 4 yearly review of modern awards

Four yearly review of modern awards

(AM2014/93)

Vehicle Manufacturing, Repair, Services and Retail Award 2010

Sydney

10.23 AM, THURSDAY, 14 MAY 2015

PN1

THE VICE PRESIDENT: I will take the appearances, starting in Sydney. Ms Bhatt, you appear for the AiG?

PN2

MS BHATT: Yes, Vice President. Thank you.

PN3

THE VICE PRESIDENT: And Mr Arndt, you appear for ABI New South Wales Business Chamber?

PN4

MR ARNDT: That's right, your Honour.

PN5

THE VICE PRESIDENT: Ms Light, you appear for the Australian Federation of Employers in Industries. Is that right?

PN6

MS LIGHT: Yes, your Honour.

PN7

THE VICE PRESIDENT: And in Melbourne, Mr Chesterman.

PN8

MR W CHESTERMAN: Your Honour, it's Chesterman, W. Appearing with me is N KORVAT and I'm appearing on behalf of VACC, MTA New South Wales and MTA WA. If the commission pleases.

PN9

THE VICE PRESIDENT: Thank you, Mr Chesterman. Ms Moussa.

PN10

MR MOUSSA: Your Honour, I appear on behalf of the AMWU vehicle division, as well as the AWU for today's hearing.

PN11

THE VICE PRESIDENT: Thank you. And Ms Burnley.

PN12

MS BURNLEY: Yes, your Honour. I'm appearing for the SDA.

PN13

THE VICE PRESIDENT: All right. And in Adelaide, Mr Sheehan?

PN14

MR M SHEEHAN: Yes. Good morning, your Honour. It's Michael Sheehan on behalf of the Motor Trade Association of South Australia. Thank you, sir.

PN15

THE VICE PRESIDENT: Thank you. As I understand it - and the parties can tell me if I'm wrong - the issues are in three categories. There's a package of changes which appear to be agreed between the unions and what I will call the MTAs which are opposed, at least, I think, by ABI. Is that right? And is AiG also opposed to those?

PN16

MS BHATT: Also by the Australian Industry Group.

PN17

THE VICE PRESIDENT: All right.

PN18

MS LIGHT: Your Honour, AEFI is also opposed. I understand that our submissions were a little late, but they were being filed as I left the office.

PN19

THE VICE PRESIDENT: Right. Thank you. Then there's the AiG variation, which is opposed by the unions and the MTAs. Is that right?

PN20

MR MOUSSA: Yes, your Honour.

PN21

THE VICE PRESIDENT: Thank you. Then there's the SDA variations to the casual loadings, which I think are opposed by all the employer groups. Is that the position?

PN22

MS BURNLEY: Yes, your Honour.

PN23

THE VICE PRESIDENT: Have I left anything out? No. Good. Subject to us receiving AFEI's further submission, do I take it that all the evidence and submissions necessary to determine those three categories of issues has now been put on? That is, is there anything that any other party wishes to file? No takers?

PN24

MR CHESTERMAN: Sorry, your Honour. From the Motor Traders and VACC's view, we have put in all our submissions and evidence.

PN25

THE VICE PRESIDENT: Thank you. I will take silence as being assent to that proposition, unless anyone wants to say anything. That only leaves a question then of hearing the matters. All I need to know is what the parties' estimates of time are, what their preferred location is, and whether there's any absolutely unavailable dates, although I doubt with the number of parties involved, that can easily be accommodated.

PN26

My own impression is that two days, maximum, would be sufficient to hear the matter, and possibly one day. Does any party want to take a different view than that?

PN27

MS BURNLEY: Your Honour, it's Ms Burnley in Melbourne. We did have a bit of a discussion before, and because all the submissions are in, so the parties are presuming that we're going on the basis that we're not needing to repeat any of the submissions, or it's preferable for parties not to repeat anything that has been filed, but it's more about addressing anything else which has come in, more as a reply submission.

PN28

THE VICE PRESIDENT: Yes.

PN29

MS BURNLEY: And on that basis we were thinking that a day probably would be the maximum, because there aren't a lot of witnesses, I think, in anybody's submission. I think there's only one that I've noticed - there are two witnesses - so a day, we thought, probably would get through everything and ‑ ‑ ‑

PN30

THE VICE PRESIDENT: Is it likely that any of the witnesses will be required for cross‑examination?

PN31

MS BHATT: Vice President, I think it's likely that we will require at least Mr Butler, the AMWU's witness, for cross‑examination. That's something that we would be able to confirm in writing for the commission and for the other parties within a relatively short period of time, such as a week. If that would assist the commission.

PN32

THE VICE PRESIDENT: All right.

PN33

MS BURNLEY: Your Honour, with respect to the VACC Motor Traders witness, we only saw that last night, so we haven't determined as yet whether that witness will be required. I suspect it probably will be, but it might be for a very short cross‑examination. The other thing, your Honour ‑ ‑ ‑

PN34

THE VICE PRESIDENT: Can someone tell me, where are the witnesses located? What's most convenient for them?

PN35

MR CHESTERMAN: They will be Melbourne, your Honour.

PN36

THE VICE PRESIDENT: I think in circumstances where the witnesses will be in Melbourne, it's probably the most convenient to hear the matter in Melbourne, unless any other party takes a different view.

PN37

MR ARNDT: Your Honour, would ABI be able to apply for a video link?

PN38

THE VICE PRESIDENT: I'm sorry. I should make it clear that a video link will be available as a matter of course. I'm simply identifying where the bench will actually sit. But, of course, parties can simply request a video link to a capital city, and that will be provided on request, as it were. Are there any other procedural matters I need to deal with?

PN39

MS BURNLEY: No. Your Honour, the only other thing, the parties did have a bit of discussion prior to the hearing this morning - or the mention this morning - about dates, and we did come up with a couple of dates which may be of indication to the commission, which was 11 and 12 June. All parties were generally available on those days.

PN40

THE VICE PRESIDENT: Yes.

PN41

MS BURNLEY: So whether that is of assistance to the commission, I'm not sure.

PN42

THE VICE PRESIDENT: I will have to check that. I suspect that's a bit too soon, but anyway, thank you for that indication.

PN43

MS BURNLEY: Your Honour, the other thing was that the SDA did indicate that there was a problem with my attendance after 17 June, which has been forced upon because the Ai Group put in their submissions late and delayed the time table without actually requesting permission to do so. So there is a difficulty with the SDA if it's after 17 or 18 June, the hearing, because I won't be in the country ‑ ‑ ‑

PN44

THE VICE PRESIDENT: A permanent difficulty or a temporary difficulty?

PN45

MS BURNLEY: ‑ ‑ ‑ but we will then ‑ ‑ ‑

PN46

THE VICE PRESIDENT: How long does that difficulty last for?

PN47

MS BURNLEY: I guess it would be that we would possibly use a barrister or somebody to do the appearances at that time, because it's a six ‑ ‑ ‑

PN48

THE VICE PRESIDENT: At any time after the 17th?

PN49

MS BURNLEY: Yes. Because it's six weeks' absence, I'm on.

PN50

THE VICE PRESIDENT: That's why I wanted to clarify. When will you be back, Ms Burnley?

PN51

MS BURNLEY: The end of July. But then we get complications because I'm involved in the penalty rates case at that time, which is then starting, which is a major issue for the SDA, and which some of the other parties, like the Ai Group, are also involved in.

PN52

THE VICE PRESIDENT: All right. Is there anything else any party wishes to raise? No. All right. I will now adjourn. The parties will be advised shortly as to the hearing dates which will be set. We will now adjourn.

ADJOURNED INDEFINITELY [10.31 AM]