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TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009
VICE PRESIDENT CATANZARITI
AM2014/259
s.156 - 4 yearly review of modern awards
Four yearly review of modern awards
(AM2014/259)
Broadcasting and Recorded Entertainment Award 2010
(ODN AM2008/35)
[MA000091 Print PR988989]]
Sydney
11.35 AM, FRIDAY, 12 MAY 2017
PN1
THE VICE PRESIDENT: Thank you, we'll take the appearances in Sydney.
PN2
MR K BARLOW: If it please the Commission, Barlow, initial K appearing for the CPSU.
PN3
MR M CHESHER: If it pleases the Commission, Chesher, initial M for the MEAA.
PN4
THE VICE PRESIDENT: Thank you.
PN5
MR S FORSTER: If the Commission pleases, Foster, initial S, continuing my appearance for Seven Network Operations Ltd, Network 10 Pty Limited and the Nine Network Pty Ltd and their related entities.
PN6
MR M DONALDSON: If it pleases the Commission, Donaldson, initial for Screen Producers Australia.
PN7
THE VICE PRESIDENT: Thank you. We'll go to Melbourne.
PN8
MR D HAMILTON: If it pleases, Hamilton initial D, the Australian Entertainment Industry Association, trading as Live Performance Australia.
PN9
THE VICE PRESIDENT: Thank you. We'll go to Brisbane.
PN10
MR J MURDOCH: Thank you your Honour, Murdoch, initials J E for Birch Carroll & Coyle Limited, the Hoyts Corporation Pty Limited, the Greater Union organisation Pty Limited, Village Cinemas Limited and Independent Cinemas Association of Australia and its employer members.
PN11
THE VICE PRESIDENT: Thank you. On the last occasion there was some confusion, and the confusions now been clarified. We're only going to deal with technical and drafting matters and sort those out in this Full Bench. A document was circulated following the last conference. Are there any problems on the draft document that doesn't reflect where we've landed?
PN12
I take it by the silence that the draft document reflects the last occasion. If we then look at the draft document and see what progress has occurred, we start with item 1, further discussion to take place between interested parties. Have those discussions occurred and has there been a resolution?
PN13
MR FORSTER: There's only been some very short discussions between the TV networks and the CPSU and me this morning. We haven't got very far along the list.
PN14
THE VICE PRESIDENT: On the list entirely, you're talking about, as from item 1?
PN15
MR FORSTER: Yes, no we've worked our way through the list and I understand that it's likely that there are quite a lot of items that will be agreed. There might just be a hand full that we haven't reached agreement on by the end of today, as between the TV Networks and the others.
PN16
THE VICE PRESIDENT: Let me turn the matter around another way. Mr Murdoch, seeming that what I'm going to do is adjourn the matter in terms of our further discussions, in relation to your client's interest on the technical and drafting, I don't want to drag you in each time if it's not necessary. Are there matters on the technical and drafting that you would need to come back to?
PN17
MR MURDOCH: Your Honour, we're openly content with the current draft which was released this week. The only rider I'd mention is that our friend Mr Chesher has mentioned to me this morning a query that they have about the wording of clause 13.4 and he and I agree that that would be a matter that we should have a discussion about off to the side, rather than complicate matters here, where there may be no issue.
PN18
THE VICE PRESIDENT: All right.
PN19
MR MURDOCH: That means your Honour, that I really don't have anything further to say, because we're quite happy with the state of the most recent draft.
PN20
THE VICE PRESIDENT: What will then happen is we'll obviously have to have further discussions between the parties to sort out in more detail these issues and bring the matter back, hopefully in a more suitable form. What I'd like the parties to do is actually to correspond with the Commission and I'll set a timetable so that we can try to actually have the useful amendments to the document before we meet again.
PN21
If I listed this matter for Friday in a month's time, which would be approximately - Friday 16 June at 9 o'clock, would that enable sufficient time for those conversations to occur and correspondence to come to the Commission?
PN22
MR MURDOCH: I think it would for our clients and for me, thank you, your Honour.
PN23
THE VICE PRESIDENT: Does anybody disagree with that proposal?
PN24
All right, I will be sitting in Melbourne on that day, but will video link it back to Sydney, so we'll adjourn this matter until 9 o'clock on that day to enable those discussions to occur. In the interim, if there are agreements reached on the documentation, it will be useful to have the correspondence to us so that we can actually make the amendments to the document before we reconvene.
PN25
Thank you. The Commission is adjourned.
ADJOURNED UNTIL FRIDAY, 16 JUNE 2017 [11.40 AM]