PN1

JUSTICE ROSS: I have received a copy of correspondence from Mr Ferguson of Ai Group attaching a draft determination in relation to this matter and I think a determination in substantially the same terms in respect of the Food, Beverage and Tobacco Manufacturing Award dealing with the payment of wages issue. The covering letter says that Ai Group has had brief discussions with the AMWU and understand that the union's preliminary view is that the proposal may be a satisfactory approach, but you were giving consideration to its terms.

PN2

Mr Harrington, was there anything you wanted to add to any of that before I go to Ms Devasia to find out her view and Mr Izzo?

PN3

MR HARRINGTON: Nothing terribly extensive, just to say we have had some discussions with the AMWU and as a result of those we have reached agreement that the payment of wages on termination clause in the Graphic Arts Award should be varied in accordance with that draft determination which we forwarded to the Commission yesterday afternoon. In that form it was drafted to reflect the provisional view that the Commission expressed in its 20 May decision at paragraphs (audio malfunction) 282.

PN4

The Commission's views, we understand, are expressed at the end of a process where multiple submissions from all sides were considered. The concerns we expressed in our earlier submissions in August 2019 and April 2020 in respect of the Graphics Arts Award have been significantly addressed on the variation proposed and we understand it also resolves any outstanding issues expressed by the AMWU, as well.

PN5

JUSTICE ROSS: All right. Thanks. Ms Devasia, do you agree with all that and are you content if the Full Bench makes a determination variation in the terms that have been forwarded by Ai Group?

PN6

MS DEVASIA: That's right, your Honour. As Mr Harrington said, I had an opportunity to get those instructions overnight and we are ready to go ahead with the clause as it has been drafted seeing that it reflects the provisional view of the Full Bench.

PN7

JUSTICE ROSS: All right. Thank you. Mr Izzo, are you content with that course?

PN8

MR IZZO: Yes, your Honour. One slight caveat. I'm not sure that I had seen this draft determination - and I'm happy to be corrected, Mr Harrington, if that's wrong, but I don't think I have. Given that it purports to reflect the provisional views of the Bench and the agreement to date, I suspect we wouldn't have any opposition and would support it, but could I ask this: is it possible if the determination could be sent to me and if we have any objection we could notify the parties and your chambers within a very short period of time - an hour, two hours, something like that.

PN9

JUSTICE ROSS: Yes.

PN10

MR IZZO: But otherwise it could be taken - or it could be assumed that we will support it if you do not hear from us otherwise. I just haven't seen it, that's all.

PN11

JUSTICE ROSS: All right. Just bear with me for a moment. Mr Izzo, I have just arranged for the correspondence to be forwarded to you. We will touch on the time frame in a moment. Look, it occurs to me that we may as well deal with the matter that we had down for conference at 3 'clock; that is the Food, Beverage and Tobacco Manufacturing Award. The three parties that are on this call are the only ones who have sought to be heard in relation to that conference. It looks like it may be capable of being resolved on the same or a similar basis. Are you all content if we just call that matter on and see if we can deal with it, as well?

PN12

MR HARRINGTON: Your Honour, Hamish from Ai Group here. Look, if I could just step in. I've come today just to speak in respect to the Graphic Arts Award on its own.

PN13

JUSTICE ROSS: I see.

PN14

MR HARRINGTON: There is some likelihood that any outstanding issues would not be terribly distinct, but at the same time Mr Ferguson is currently planning to appear - - -

PN15

JUSTICE ROSS: Sure.

PN16

MR HARRINGTON: - - - in respect of the Food, Beverage and Tobacco Manufacturing Award.

PN17

JUSTICE ROSS: No, that's - - -

PN18

MR HARRINGTON: Look, just out of an abundance of caution if we could maintain the program as it was originally was.

PN19

JUSTICE ROSS: No, that's fine. Ms Devasia, can I just ask you in relation to those matters that are listed at 3.00, has the union also formed a view in respect of those; about the draft determination proposed by Ai Group?

PN20

MS DEVASIA: Yes, your Honour. Our position is essentially the same as it is for the Graphics. We don't have an issue with the draft determination as it has been drafted for both the Food and Beverage, and the Manufacturing Awards.

PN21

JUSTICE ROSS: Well, we'll adopt this - - -

PN22

MS DEVASIA: Maybe it would - - -

PN23

JUSTICE ROSS: Yes, sorry, Ms Devasia.

PN24

MS DEVASIA: I was going to suggest maybe it would assist if I was to have a quick conversation with Mr Ferguson to see if we can bring it on quicker than as programmed at 3.00, unless that presents some difficulty. Mr Harrington might know.

PN25

MR HARRINGTON: My understanding is that Mr Ferguson is currently in a lengthy meeting which is going to last for the majority of the day and he will not be out of that until shortly before the conference was meant to commence.

PN26

JUSTICE ROSS: All right. Look, in any event, Mr Izzo - well, if you can just check with Mr Harrington that you have got copies of all the drafts that are proposed. We have sent you what we have, but just make sure you're across that. When we come back at 3 o'clock you can indicate your position in respect of the Graphic Arts matter, as well.

PN27

MR IZZO: Yes, that course of action sounds very sensible, your Honour.

PN28

JUSTICE ROSS: All right. Well, that's what we will do and I will speak to each of you again at - well, not you, Mr Harrington, but the others at 3 o'clock. I will now adjourn this matter. Thanks very much.

PN29

MS DEVASIA: Thank you.

PN30

MR HARRINGTON: Thank you.

ADJOURNED INDEFINITELY [1.36 PM]