TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009                                       1057230

JUSTICE ROSS, PRESIDENT

AM2018/19  AM2019/4

s.156 - 4 yearly review of modern awards

Four yearly review of modern awards

(AM2019/4)

Dry Cleaning and Laundry Industry Award 2010

Pest Control Industry Award 2010

Sydney

11.02 AM, FRIDAY, 23 AUGUST 2019

PN1

JUSTICE ROSS:  Can I have the appearances, please, and perhaps if you indicate which award you have an interest in.

PN2

MR Z DUNCALFE:  May it please the Commission, Duncalfe, initial Z, for the Australian Workers' Union, here for the Pest Control Industry Award.

PN3

JUSTICE ROSS:  Thanks, Mr Duncalfe.

PN4

MS N DABARERA:  If it pleases the Commission, Dabarera, initial N, here for United Voice in the Dry Cleaning and Laundry Industry Award.

PN5

JUSTICE ROSS:  Thank you.

PN6

MR V LIN:  If it please the Commission, Lin, initial V, for the Australian Federation of Employers and Industries.  Here for both the Dry Cleaning and the Pest Control Industry Award.

PN7

JUSTICE ROSS:  Thank you, and in Melbourne?

PN8

THE ASSOCIATE:  No.

PN9

JUSTICE ROSS:  Nobody?

PN10

THE ASSOCIATE:  No, Newcastle.

PN11

JUSTICE ROSS:  Newcastle.

PN12

MS M TIEDEMAN:  Tiedeman, initial M, on behalf of ABI and the New South Wales Business Chamber, here for the Dry Cleaning and Laundry Industry Award.

PN13

JUSTICE ROSS:  All right, thank you.  Well, let's deal with the Pest Control Award matter first.  The purpose of the mention in relation to each of these awards is to clarify which of the substantive claims are being pressed, to see whether there's opposition to the claims and to seek any comments about the draft directions that were attached to the statement I published on 1 August.  In relation to Pest Control, there's one substantive claim being pursued.  That's by the AWU, to amend the payment and loading clause by substituting a reference from industry allowance to leading hand allowance.  Is that the essence of it, Mr Duncalfe?

PN14

MR DUNCALFE:  That's correct, your Honour.

PN15

JUSTICE ROSS:  You're still pressing that?

PN16

MR DUNCALFE:  Yes, we are, your Honour.

PN17

JUSTICE ROSS:  All right.  What's the view of the employer parties to that claim that have an interest in that award?

PN18

MR LIN:  The AFEI opposes the claim sought in principle but we would like to see what's filed before commenting further.

PN19

JUSTICE ROSS:  All right.  Any comments?  Ms Tiedeman, I thought - are you in relation to the Pest Control or the Dry Cleaning?

PN20

MS TIEDEMAN:  Dry Cleaning, your Honour.

PN21

JUSTICE ROSS:  Thank you.  Any issues about the draft directions?

PN22

MR DUNCALFE:  No issues, your Honour.

PN23

JUSTICE ROSS:  All right.  Look, we'll confirm the draft directions.  In the event there's a change in the employer position and that may obviate the need for the hearing then let us know, okay.  I'll issue a short statement confirming that the claim's being pursued and that the directions will now be issued in final form.  The Dry Cleaning Award.  United Voice has, I think, we referred to five substantive claims.  Ms Dabarera, which ones are those?  You still pursuing all those?

PN24

MS DABARERA:  Your Honour, in regards to our claims, these were issues that we identified as significant when we filed our claims in 2015.  However, after more recent consultation, we have decided not to pursue these claims in the context of the four yearly review.

PN25

JUSTICE ROSS:  No problem.  All right, well I'll mark that as finalised.  I take it there's no objection from you?  No, AFEI or ABI?

PN26

MS DABARERA:  No, no objection.  No, your Honour, thank you.

PN27

JUSTICE ROSS:  All right.  Well, that's really the purpose of the mention, Ms Dabarera.  I appreciate that the indication was given some time ago and we're now getting to the matter and there have been a number of things that have taken place in between time so thank you for the clarification.  Nothing further?  I'll adjourn, thank you.

PN28

MS DABARERA:  Thank you.

ADJOURNED INDEFINITELY                                                        [11.06 AM]