PN1

JUSTICE ROSS: Could I have the appearances, please?

PN2

MR S CRAWFORD: Crawford, initial S, for the AWU, your Honour.

PN3

MS R BHATT: Bhatt, initial R, for the Australian Industry Group.

PN4

MS H HAMBERGER: Hamberger, initial H, for the Australian Business Industry and the NSW Business Chamber.

PN5

JUSTICE ROSS: Thank you. I almost feel like I might want to say I adopt the submissions I made in the earlier matter. Whereabouts are you up to with this one?

PN6

MS BHATT: We've read the background paper that was published yesterday. That background paper makes reference to a decision of 2018 in which we accept that the issue appears to have been determined.

PN7

JUSTICE ROSS: Yes.

PN8

MS BHATT: On that basis, Ai Group does not continue to press the position that casual employees are not entitled to the casual loading during overtime, and my understanding is that the position of ABI and the NSW Business Chamber is the same. I think there might now be an issue as to whether a table of rates should be introduced to the exposure draft that sets out casual overtime rates. I don't wish to put words in Mr Crawford's mouth, but based on my discussion with him earlier I understand that that's the union's position.

PN9

JUSTICE ROSS: All right.

PN10

MS BHATT: We don't oppose that course of action, but we would say that parties be given a short window to review the accuracy of the rates.

PN11

JUSTICE ROSS: No, absolutely. So does that summarise it from your perspective, Mr Crawford?

PN12

MR CRAWFORD: Yes, it does.

PN13

JUSTICE ROSS: You think a table of rates - but perhaps if we prepared the table of rates, published it, circulated it to the parties, gave you perhaps seven days to check, and then on the conclusion of that period, assuming there's no problem, then we publish the variation determination, would that - - -?

PN14

MR CRAWFORD: Yes, your Honour.

PN15

JUSTICE ROSS: All right. Ms Hamberger, does that suit your convenience as well?

PN16

MS HAMBERGER: Yes, that does, your Honour.

PN17

JUSTICE ROSS: Are you happy with that?

PN18

MS BHATT: Yes, your Honour. Thank you.

PN19

JUSTICE ROSS: I knew I should have listed these half an hour apart. Let me just - are any of you involved in the other matters today?

PN20

MS BHATT: I think all three of us are in the Wool Award at 2.30.

PN21

JUSTICE ROSS: Is there anyone else in Wool?

PN22

MS HAMBERGER: Correct. We're also involved in the Wool Award at 2.30.

PN23

JUSTICE ROSS: Anyone else?

PN24

MR CRAWFORD: Not from the union's side. I think I was instructed to appear for the UWU.

PN25

JUSTICE ROSS: There are no other sort of - I wouldn't describe it as odd organisations, but there's no wool selling brokers; none of them are around anymore?

PN26

MS BHATT: Well, no. I'm just not sure if any other employer associations might have an interest.

PN27

JUSTICE ROSS: The FEI may, yes.

PN28

MS BHATT: That's why I'm hesitating.

PN29

JUSTICE ROSS: Yes, okay. Well, I would encourage you to have a discussion about that and see if you can resolve that matter as well.

PN30

MS BHATT: Yes, your Honour.

PN31

JUSTICE ROSS: In the meantime I'll take the steps in relation to this matter, get the schedule published in the next day or so, and then we'll proceed to finalise that matter. Okay? Thanks very much. Sorry to drag you in for such a short period.

ADJOURNED INDEFINITELY [12.38 PM]