PN1320

THE COMMISSIONER: Good afternoon, I'll take appearances please.

PN1321

MS R WALSH: If it pleases, Ms Walsh, initial R, for the Australian Workers Union.

PN1322

MR M ROBSON: May it please, Robson, initial M, for United Voice.

PN1323

MR K JACK: May it please, Jack, initial K, from the Australian Federation of Employers and Industries.

PN1324

THE COMMISSIONER: Thank you, and we have someone in Melbourne.

PN1325

MS V WILES: Yes Commissioner, it's Wiles, initial V, for the Textile Clothing and Footwear Union of Australia.

PN1326

THE COMMISSIONER: Thank you Ms Wiles, and someone in Newcastle.

PN1327

MS K THOMSON: Yes Commissioner, Thomson, initial K, for ABI and NSW Business Chamber. You've previously granted me permission to appear with respect to these proceedings and I would seek permission again.

PN1328

THE COMMISSIONER: Thank you Ms Thomson. I take it there are no objections to permission continuing.

PN1329

MR ROBSON: Technically, one doesn't need to seek leave to appear in the 4-yearly review.

PN1330

THE COMMISSIONER: Yes, but for the sake, given that that's the way it's been progressing, I'm just confirming that no one has any issue with it. Thank you.

PN1331

All right, this is the third conference, I believe, in this matter. The previous conferences having taken place on 27 March and 28 April. The parties have a draft report that's been published by the AMOD team of 9 May and further summary submissions of 15 May. If that's all in order and the parties are ready to proceed, I'll intend to go through the summary clause by clause and see – to confirm that the parties agree on what's been reflected in the document to start with and to see if there's any – on reflection, whether there can be further areas of agreement or anything else.

PN1332

Then the parties will have an opportunity to put their submissions and at the conclusion of today's conference, the matter will either be determined today or if necessary, a further conference will be held, but we'll see how we go.

PN1333

All right people, Ms Wiles and Ms Thomson, can you hear everything adequately.

PN1334

MS WILES: Yes, all good in Melbourne, Commissioner, thank you.

PN1335

MS THOMSON: Yes, thank you, Commissioner.

PN1336

THE COMMISSIONER: Thank you. All right, is there anything anyone wishes to say before we commence?

PN1337

MS WALSH: Commissioner, we were going to - - -

PN1338

THE COMMISSIONER: You can stay seated.

PN1339

MS WALSH: Thank you. We were going to suggest perhaps proceedings similar to the last conference where we went off-line to discuss items that were still being discussed between the parties and then coming back on the transcript, I guess to report where we're up to with that. I was going to suggest, subject to what you think of course, whether we do that first and then go through each item in the summary of submissions at the end when we're back online.

PN1340

THE COMMISSIONER: I'm happy to proceed with that. The summary of submissions is done on the record really, to ensure that all the parties have their views recorded, and for your benefit.

PN1341

MS WALSH: Yes.

PN1342

THE COMMISSIONER: So, anything that will assist the parties further their discussions and potentially resolve what's currently still in dispute between them, I would certainly welcome. I would be happy to proceed on that basis.

PN1343

Are the other parties supportive of that position, I take it?

PN1344

MR ROBSON: Commissioner, United Voice would support that course.

PN1345

MR JACK: AFEI is happy with that as well, Commissioner.

PN1346

THE COMMISSIONER: Ms Wiles, yes.

PN1347

MS WILES: Yes, the TCFUA supports that approach as well, thank you.

PN1348

THE COMMISSIONER: Ms Thomson.

PN1349

MS THOMSON: Yes, thank you, Commissioner, that's fine.

PN1350

THE COMMISSIONER: Thank you. We will go off the record.

OFF THE RECORD [3.42 PM]

ON THE RECORD [5.15 PM]

PN1351

THE COMMISSIONER: Thank you, we're back on the record in relation to the Dry Cleaning and Laundry Industry Award, the parties having been engaged in a discussion off the record for approximately two hours.

PN1352

It's 5.15 pm and I'll just go through the report published by the team on 9 May and ask the parties to confirm their understanding in relation to each of the items.

PN1353

Item 1 has been agreed. If I don't hear from anybody in terms of objection to what I suggest then I'll take it that the parties agree. So, item 1 has been agreed.

PN1354

Item 2, agreed.

PN1355

Item 3, agreed.

PN1356

Item 4, submission no longer pressed by ABI and NSW Business Chamber.

PN1357

Item 5, withdrawn.

PN1358

Item 6, TCFUA proposal not opposed.

PN1359

Items 7 and 8, ABI to consider proposal put by United Voice.

PN1360

Item 9, withdrawn.

PN1361

MS WALSH: Sorry, Commissioner, I think item 8, that's correct insofar as ABI can consider the proposals on foot, but they are proposals that the TCFUA and the AWU, rather than that.

PN1362

THE COMMISSIONER: Thank you, sorry.

PN1363

Item 10, agreed.

PN1364

Item 11, withdrawn by AFEI.

PN1365

Item 12, withdrawn by AWU.

PN1366

Item 13, agreed.

PN1367

Item 14, agreed.

PN1368

Item 15, withdrawn by AWU.

PN1369

Item 16, TCFUA proposal not opposed.

PN1370

Item 17, withdrawn.

PN1371

Item 21, which is listed with item 17 and referring to clause 23.4 of the exposure draft. Further discussion will be held by the parties in consideration of the proposal put forward by United Voice.

PN1372

Item 18, employer parties to consider alternate wording, if they wish to suggest one. If so, will provide copies – I'll suggest that alternate wording to parties.

PN1373

Item 19, cannot be resolved.

PN1374

Item 20, as per item 18, the employer parties to provide alternate wording, if they propose to maintain their objection. Save that ABI have agreed, so that leaves really only AFEI for item 20.

PN1375

Item 21.

PN1376

MR JACK: I think we've already dealt with that, Commissioner.

PN1377

THE COMMISSIONER: We've dealt with that, apologies.

PN1378

Item 22.

PN1379

MS WALSH: Ms Walsh speaking - - -

PN1380

THE COMMISSIONER: AWU, thank you, to send a draft of suggested reworded clause 24.1 to parties.

PN1381

Item 23, is agreed.

PN1382

Item 24, proposal of TCFUA is not opposed.

PN1383

Items 25 and 26. Parties to provide alternate wording to each other.

PN1384

Item 27, withdrawn by TCFUA.

PN1385

Item 28, is agreed, aside from a numbering error identified by you Ms Wiles. If you could - - -

PN1386

MS WILES: Yes, thank you. In terms of the union's proposal distributed on 26 May 2017, on page 2, there's two C.3.3 and the second C.3.3 which has the table heading Casual Shiftworkers Ordinary and Penalty Rates Laundry Employees, should actually refer to C.3.4.

PN1387

THE COMMISSIONER: Thank you. Ms Wiles and item 29, can you confirm your position in relation to that item?

PN1388

MS WILES: Sorry, did you say Ms Wiles?

PN1389

THE COMMISSIONER: Yes.

PN1390

MS WILES: I think the summary of submissions reflects our position which is that we concur with AFEI's and AMOD's calculation for the skill level 3 rate applying on public holiday.

PN1391

THE COMMISSIONER: Thank you.

PN1392

Item 30, is a substantive matter and no longer a technical and drafting.

PN1393

Item 31, is supposed to be subject to further discussion. Is that what the parties request.

PN1394

MS WALSH: Commissioner, Ms Walsh speaking. I was just going to potentially correct some commentary for item 25 and 26.

PN1395

THE COMMISSIONER: Thank you.

PN1396

MS WALSH: Just that the unions have proposals on foot and so I don't think anyone's awaiting proposals from any of the unions in response to those items. That was all.

PN1397

THE COMMISSIONER: Right, thank you. So, the parties then have agreed to have further discussions between themselves on the issues identified, and to do so certainly in time for the next conference in this matter which will be sometime in the last week of June. My chambers will advise the parties as to the time.

PN1398

MR ROBSON: Commissioner, if I might make a request about the conference in the last week of June. If we don't have it on the Friday of that week, if at all possible.

PN1399

THE COMMISSIONER: Thank you, Mr Robson.

PN1400

MR ROBSON: Thank you.

PN1401

THE COMMISSIONER: All right, thank you. Is there anything else from any of the parties in Melbourne or Newcastle?

PN1402

MS WILES: No, Commissioner.

PN1403

MS THOMSON: No, Commissioner, thank you.

PN1404

THE COMMISSIONER: Thank you. I will adjourn.

ADJOURNED INDEFINITELY [5.25 PM]