PN1

JUSTICE ROSS: Good afternoon. Could I have the appearances, please. Firstly, from Viterra Operations.

PN2

MR A SHORT: Certainly, President. Andrew Short here, seeking leave to appear for the applicant.

PN3

JUSTICE ROSS: Thank you, Mr Short. The AWU?

PN4

MR A OEHME: Good afternoon, President. This is Angus Oehme, seeking leave to appear for the Australian Workers Union.

PN5

JUSTICE ROSS: Thank you. For the MUA?

PN6

MR C DUIGNAN: Campbell Duignan here, President.

PN7

JUSTICE ROSS: Okay. Mr Duignan, do you have any objection to the applications for leave to appear?

PN8

MR DUIGNAN: I don't, President.

PN9

JUSTICE ROSS: All right. Having regard to the complexity of the matter, I think it would be dealt with more efficiently if permission were granted and I grant permission on that basis. Look, the purpose of the mention is really to ascertain - it wasn't immediately clear to me when the application came in - whether it's consented to by the other parties or not. If not, then the extent of any disagreement. Can I hear firstly from the AWU and the MUA about their position in respect of the application.

PN10

MR OEHME: Thank you, President. The Australian Workers Union doesn't oppose the application at all. We understand that their members have been involved in the consultation process and support the changes.

PN11

JUSTICE ROSS: Yes. All right. Thank you. MUA?

PN12

MR DUIGNAN: We have also been involved in the process and don't object principally to the change in the award, although, to be honest, we haven't had the opportunity - having received the papers yesterday - to consider the detail of what is being proposed.

PN13

JUSTICE ROSS: Okay. All right. I'm not really seeking to hold you to it. I just wanted to get an impression at this stage as to whether or not it should go to a Full Bench or a single member. That's really the reason for me having the mention. I think your position is that your members have been involved, but you haven't had an opportunity to look at it.

PN14

I wonder whether you would be able to examine the material and have a discussion with Mr Short or another representative of Viterra to clear up any issues you may have, and if you can advise my chambers by the middle of next week as to what your position is.

PN15

MR DUIGNAN: I should have the opportunity to do that, Commissioner. I've got a visit to Whyalla scheduled for Tuesday and Wednesday next week.

PN16

JUSTICE ROSS: Okay.

PN17

MR DUIGNAN: Look, I'll try and have a conversation with Mr Short before close of business on Wednesday.

PN18

JUSTICE ROSS: All right. Thank you. If you can let me know and once I hear from you, assuming the matter is not going to be opposed or the areas of dispute are quite narrow, then I'm likely to refer it to a single member. The reason I'm having the mention is now any application to vary a modern award has to go to a Full Bench unless I issue a direction saying the matter can be dealt with by a single member. That's a result of the Amendment Act which went through and commenced operation in December last year; hence the reason for the mention.

PN19

I understand that the MUA is reserving its position at the moment because we don't know whether they're going to oppose it or not, but from the applicant's perspective is there any reason why this matter needs to be dealt with by a Full Bench or can it be dealt with by a single member?

PN20

MR SHORT: It can be dealt with by a single member and we would be hopeful that it could be dealt with on a consent basis.

PN21

JUSTICE ROSS: Yes.

PN22

MR SHORT: With the minimum of formality.

PN23

JUSTICE ROSS: All right. Well, I'll leave it to you to sort out any issues the MUA may have in relation to the matter. If you can let me know where you get up to as soon as you can and, once I hear from you, I'll make a decision about whether to deal with by a Full Bench or a single member. On the basis of what I've heard today, you can take it that it's likely that it will be allocated to a single member and it will be a matter for that member then to have a mention and discuss with you how the matter needs to proceed; whether it can be dealt with on the papers, for example, as you have inferred, Mr Short - - -

PN24

MR SHORT: Yes.

PN25

JUSTICE ROSS: - - - with a sort of minimum of formality or whether there is another process. Okay.

PN26

MR SHORT: Thank you.

PN27

JUSTICE ROSS: All right.

PN28

MR SHORT: President, just before going, Mr Norman has joined us and if it's more convenient for Mr Duignan to get back to either Ms Gilbey or Mr Norman at Viterra, I have no difficulty with that. I wouldn't want any difficulty getting hold of me to hold things up.

PN29

JUSTICE ROSS: No. Certainly, yes.

PN30

MR DUIGNAN: That's fine.

PN31

JUSTICE ROSS: You've heard that, Mr Duignan, so that's fine. All right. Well, thank you very much for your attendance and I'll wait to hear from you.

ADJOURNED INDEFINITELY [1.37 PM]