TRANSCRIPT OF PROCEEDINGS
Fair Work Act 2009

JUSTICE ROSS, PRESIDENT

AM2019/17

s.156 - 4 yearly review of modern awards

Four yearly review of modern awards

(AM2019/17)

Wool Storage, Sampling and Testing Award 2010

Sydney

9.34 AM, TUESDAY, 26 NOVEMBER 2019

PN1

JUSTICE ROSS:  Can I have the appearances, please.  Firstly, in Sydney.

PN2

MR S CRAWFORD:  If it pleases the Commission, Crawford, initial S, for the AWU.

PN3

JUSTICE ROSS:  Thank you.

PN4

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

PN5

JUSTICE ROSS:  Thank you.  Ms Hamberger?

PN6

MS H HAMBERGER:  Hamberger, initial H, for Australian Business Industrial and New South Wales Business Chamber.

PN7

JUSTICE ROSS:  All right.  Thank you.

PN8

MS BHATT:  I think the position in respect of this award is broadly similar to the Salt Industry Award which we outlined this morning.

PN9

JUSTICE ROSS:  Yes.

PN10

MS BHATT:  There is one material difference though and I'll try to explain this as succinctly as I can.  The awards before the overtime for casuals Full Bench have been divided into at least three categories.

PN11

JUSTICE ROSS:  Yes.

PN12

MS BHATT:  The Wool Award is in the second category.

PN13

JUSTICE ROSS:  Salt is in another one.  Is that - - -

PN14

MS BHATT:  That's right.  The second category has been programmed in the sense that the employer parties have filed submissions.

PN15

JUSTICE ROSS:  Yes.

PN16

MS BHATT:  The unions will respond on 9 December.  A hearing has been listed on 16 and 17 December.  This award also gives rise to issues about the entitlement on weekends, public holidays and during shifts.

PN17

JUSTICE ROSS:  Yes.

PN18

MS BHATT:  I'm just not sure - if the matter were bundled together with the overtime for casuals matter, there would need to be an opportunity for employer parties to put something.  One way we thought that the matter might be able to be dealt with is that if Hatcher VP is amenable to this, the Wool Award be moved from the second category to the third category of awards that are before that Full Bench.  This is not a position that we put to the Vice President during the directions hearing this morning.

PN19

JUSTICE ROSS:  Yes.

PN20

MS BHATT:  We hadn't turned out mind to it.  I'm not sure how we would do this procedurally now, but one option I thought - if your Honour is open to this - is that we file a joint note that is addressed to both Full Benches.

PN21

JUSTICE ROSS:  Yes.

PN22

MS BHATT:  Because I think we will ask this Full Bench to not publish the exposure draft, we'll ask that Full Bench to do something else - - -

PN23

JUSTICE ROSS:  Yes.  So what you could do is file a joint note in respect of both the Salt Award and this award indicating what is jointly proposed for each, perhaps covering off on which group they're in.

PN24

MS BHATT:  Yes.

PN25

JUSTICE ROSS:  And asking for me to refer the matter, and also asking that I refer your request to Hatcher VP that the matters be dealt with in the same group or however you deal with it.

PN26

MS BHATT:  Yes.

PN27

JUSTICE ROSS:  No, I think that makes sense.  I think it would be better to deal with the two matters together.  Are you content with that, Mr Crawford?

PN28

MR CRAWFORD:  Yes, your Honour.

PN29

JUSTICE ROSS:  Ms Hamberger?

PN30

MS HAMBERGER:  Yes, we're content with that.  Thank you.

PN31

JUSTICE ROSS:  Okay.  All right.  Thanks very much.  We'll adjourn.

ADJOURNED INDEFINITELY                                                           [2.35 PM]