PN1

JUSTICE ROSS: Can I have the appearances, please, firstly in Melbourne? That's all right, you don't need to stand. That's all right.

PN2

MR D CRUTE: Your Honour, it's Crute, initial D, appearing on behalf of the Australian Nursing and Midwifery Federation.

PN3

JUSTICE ROSS: Thanks, Mr Crute. In Sydney?

PN4

MS R BHATT: Your Honour, Bhatt, initial R. I appear for the Australian Industry Group, as well as the Australian Private Hospitals Association, the Private Hospitals Association in Queensland, the Australian Private Hospitals Association New South Wales Branch, the South Australian Branch, the West Australian Branch, and Day Hospitals Australia.

PN5

JUSTICE ROSS: Thanks, Ms Bhatt. And in Newcastle?

PN6

MS K THOMSON: If it pleases the Commission, Thomson, initial K, for ABI and the New South Wales Business Chamber.

PN7

JUSTICE ROSS: Thanks, Ms Thomson. The matter has been listed for mention in relation to an application by AI Group to vary the Nurses Award. I don't propose to go through the terms of the application. It was really listed for mention to see how the parties wished to proceed in relation to the matter. Ai Group has filed a set of draft directions. Have the other parties got a copy of that? Yes? All right.

PN8

MR CRUTE: Yes.

PN9

MS THOMSON: Yes, your Honour.

PN10

JUSTICE ROSS: Perhaps if I get an indication from the – well, are there any changes to the draft, Ms Bhatt?

PN11

MS BHATT: There aren't but there's one additional matter that I sought to raise with your Honour which is not dealt with in the directions, and perhaps I should do that first, in case the other parties have anything to say about it.

PN12

JUSTICE ROSS: Sure.

PN13

MS BHATT: It's the question of service, your Honour. It's my understanding that the rules, and I'm referring to rule 49, in particular, requires an applicant to make an application to the Commission for directions about procedure in relation to the service of an application made under the relevant provisions of the Act. We have not made that application, so far, and we've not as such served this application on other parties. We filed it in the Commission and I understand it to be the Commission's usual practice, it's been uploaded to the Commission's website and I suspect that means that those that are subscribed to the award have been notified.

PN14

JUSTICE ROSS: I'm pretty sure that's right, yes.

PN15

MS BHATT: If the Commission considers it necessary we have, of course, no difficulty with serving interested parties who have been involved in the award review, the exposure draft process of the Nurses Award, and that seems to be a group of parties who might have a relevant interest, we're just not sure how else we identify who ought to be served.

PN16

JUSTICE ROSS: No, certainly. I take it that the union's seen the copy of the application through the subscriber services?

PN17

MR CRUTE: Yes.

PN18

JUSTICE ROSS: Yes. For the moment, Ms Bhatt, I think we don't take any further steps. I am yet to constitute a Full Bench in respect of the matter. Once we get a landing on the directions I'll constitute a Full Bench, advise the presiding member of the position in relation to directions, and in the event there's any issue about service you can raise that with the presiding member of the Bench, all right?

PN19

MS BHATT: If it pleases. Thank you, your Honour.

PN20

JUSTICE ROSS: Thanks, Ms Bhatt. Can I first go to you, Mr Crute. You've seen the draft directions. Do you have any difficulty with them?

PN21

MR CRUTE: No, your Honour. We're agreeable to them.

PN22

JUSTICE ROSS: All right. And anything from you, Ms Thomson?

PN23

MS THOMSON: No, thank you, your Honour.

PN24

JUSTICE ROSS: All right. I will adopt the course I outlined. I will constitute the Full Bench either today or early next seek. I'll advise the presiding member that the matter was the subject of a mention today, at which there was consent in relation to the directions that had been filed. It will, of course, be a matter for that Full Bench to determine for itself any directions but I imagine the consent of all the relevant parties will be a persuasive factor. So you'll be advised in the next week or so as to directions in the matter.

PN25

I think it would be wise for, particularly you, Ms Bhatt, to proceed on the basis that is outlined in the draft directions, so prepare your material as if you were going to file by the dates that you've indicated.

PN26

MS BHATT: Yes, your Honour.

PN27

JUSTICE ROSS: If there is any change to those dates I'm sure the Full Bench will advise you accordingly. Is there anything further from any party?

PN28

MR CRUTE: No, your Honour.

PN29

JUSTICE ROSS: No? All right. Thanks for your assistance in filing the draft directions, Ms Bhatt. There being nothing further, I'll adjourn.

ADJOURNED INDEFINITELY [9.35 AM]