PN1

JUSTICE ROSS: Can I have the appearances, for the record, please?

PN2

MS S BURNLEY: If the Commission please, my name is Burnley, initial S.

PN3

JUSTICE ROSS: Thank you, Ms Burnley, can you just move the microphone closer to you so I can pick you up, thanks.

PN4

MS BURNLEY: Is that better, your Honour?

PN5

JUSTICE ROSS: Yes. We issued a statement on 5 August identifying two outstanding issues, in relation to the Mannequins and Models exposure draft. Issue 1 relates to minimum engagement periods for casuals and that arose, originally, from the part-time and casuals decision. No determination was issued, arising out of that decision. I think the SDA had raised an issue about the interaction between the current clause and what had been determined by the Full Bench in that matter, is that right?

PN6

MS BURNLEY: Yes, that's correct, your Honour. I can't see you on the TV monitor, so apologies.

PN7

JUSTICE ROSS: Okay. No, no, that's all right. Well, the short version is, we don't propose to do anything about that. If the SDA wants to propose a variation determination, following on from the other Full Bench decision, then we'd publish that and invite comment, but we don't propose to take any steps ourselves, we think it's really a matter for you, in relation to that issue.

PN8

MS BURNLEY: Your Honour, can I just clarify that, does that mean that the proposal is for the exposure draft and the award to say as it is, with regards to casuals?

PN9

JUSTICE ROSS: That's right, unless you file a proposed variation determination. All I'm indicating is we're not doing it of our own motion, that's all.

PN10

MS BURNLEY: Your Honour, I'd indicate to you the SDA wouldn't be seeking to do any changes to how the casual provision operates in the - - -

PN11

JUSTICE ROSS: Okay, that's fine.

PN12

The second issue concerns the meal allowance. Look, we identify, in the November 2018 decision, that we weren't able to find the reference that you had been referring to. Do I take it that you say that the reference in 17.3(c)(ii) Late Night, the cross-reference there to clause 17.3(c)(i) should be to clause 14.2, that's the meal break clause. Is that the short point?

PN13

MS BURNLEY: Yes.

PN14

JUSTICE ROSS: All right. Well, if that change is made there is still the issue about the circumstances in which the further meal allowance is paid, but, frankly, I don't intend to spend any Commission resources on that issue. There's been no employer engagement in this award since we started the process and absent any application to vary it or a particular proposal being advanced by the SDA, or an employer organisation, we would simply propose to amend the cross-reference, in the manner that you've identified, and we would not make - seek to make any further clarifications regarding the second meal break.

PN15

I accept there's attention in the clause, but there's nothing before us to suggest that it's created any particular problems. If it does, either a dispute can be notified or a party can make an application to vary.

PN16

So, subject to what you wanted to say, Ms Burnley, that was how I was proposing to deal with it.

PN17

MS BURNLEY: Your Honour, that would make sense. On that second meal allowance provision, I had tried to endeavour to find our files on the history of the Mannequins and Models Award, but I haven't ascertained where they are at the moment. I think if the provision isn't varied or changed from what has existed in the past, there hasn't been any issues about it, so I don't anticipate there would be in the next - there hasn't been any, in the last 20 years, about that provision so I don't think there'll be any in the next 20 years.

PN18

JUSTICE ROSS: No. And I think, given that, it's probably not worth, at this stage, the expenditure of any more time on that issue. So that's how we will deal with it. That resolves the outstanding technical and drafting issues, in respect of this award. A final version of the exposure draft will be published in any event and anyone who takes a different view to that which we have discussed in the conference this afternoon will be free to make any submission they wish, in response to the final exposure draft, all right?

PN19

Thank you very much for your attendance, Ms Burnley.

PN20

MS BURNLEY: Thank you, your Honour.

PN21

JUSTICE ROSS: I'll adjourn.

ADJOURNED INDEFINITELY [3.07 PM]