PN33

THE ASSOCIATE: Thank you, parties. I confirm the Vice President has joined the call. Vice President, can I just confirm that you can hear me okay?

PN34

THE VICE PRESIDENT: Yes, I can.

PN35

THE ASSOCIATE: Thank you. The Fair Work Commission is now in session. This is matter number AM28 of 2016, for directions.

PN36

THE VICE PRESIDENT: I'll take appearances. Mr Hall and Ms Baulch, you appear for Professionals Australia?

PN37

MS BAULCH: Yes, sir.

PN38

MR HALL: Yes.

PN39

THE VICE PRESIDENT: Mr Harris, you appear for the Pharmacy Guild of Australia?

PN40

MR HARRIS: Yes, I do, Vice President.

PN41

THE VICE PRESIDENT: Look, I've read the documents that have most recently been filed by the parties. What do the parties identify as the way forward with this matter? That is, there seems to me to be a detailed statement of agreed facts but no agreement as to what that means in terms of whether any adjustment should be made to the award. Is that correct?

PN42

MR HALL: Yes, Vice President, I don't think we've reached an agreed position in terms of any variation to the award.

PN43

THE VICE PRESIDENT: What do you see is the way forward in that context, Mr Hall?

PN44

MR HALL: We would envisage filing further materials and making submissions and further witness statements in support of an application to vary the award.

PN45

THE VICE PRESIDENT: Mr Harris, do you want to respond to that?

PN46

MR HARRIS: Vice President, I do agree with Mr Hall's comments to go with it. We discussed this quite viciously or vigorously, to go with it, and we've reached a position where certain things we could agree to because it was a part of the previous case.

PN47

THE VICE PRESIDENT: Yes.

PN48

MR HARRIS: But parts to do with this particular employment classification, we couldn't agree to.

PN49

THE VICE PRESIDENT: Do I take that there would be no benefit served by having a further conference chaired by the Commission?

PN50

MR HALL: Actually we haven't really discussed that directly with the Pharmacy Guild but we might be open to that, to further explore what our positions are.

PN51

THE VICE PRESIDENT: Mr Harris, do you think that � I mean, if the parties are locked in positions then that's fine and we'll deal with it but do you consider there would be any benefit in that?

PN52

MR HARRIS: I do believe so, Vice President. It might actually refine what needs to be provided and demonstrated to yourself as a bench member to determine if there is to be an increase in the work value.

PN53

THE VICE PRESIDENT: Look, I think the appropriate way forward is this matter still has, I notice, a Four Yearly Review matter number on it and the review will terminate at the end of the year. I think the appropriate course will be, Mr Hall, if the Professionals Australia should lodge an application to vary the award which will be given a separate matter number and as part of that matter you can file again the documents that have been agreed to.

PN54

Then once that's filed I'll call the matter on and if the parties still consider it to be beneficial, arrange for a conference between the parties. Is that appropriate?

PN55

MR HALL: Yes, Vice President, we could do that. Would the matter then be part of the undergraduate rates review or would it be a separate - - -

PN56

THE VICE PRESIDENT: It will remain a separate matter but obviously the wider context of the undergraduate rates review will inform the proceedings.

PN57

MR HALL: Yes, if that's what you think is the appropriate action because the reviews are being wound up then, yes, we can take that action. So we would be making a fresh application to vary the award.

PN58

THE VICE PRESIDENT: Yes.

PN59

MR HALL: On a (indistinct).

PN60

THE VICE PRESIDENT: Yes, so an application to vary the award under section 158 which would require you to actually specify the variation that you're seeking. Once that's filed I'll retain initial carriage of the matter. You can file again the statement of the parties' positions and the agreed statement of facts together with the application and then when that's done I'll call the matter on again and if the parties are still amenable I'll arrange a conference for the matter.

PN61

MR HALL: That will be a separate process to the undergraduate rates review?

PN62

THE VICE PRESIDENT: Yes, it will be.

PN63

MR HALL: Okay.

PN64

THE VICE PRESIDENT: But obviously there's common issues which will inform how those proceedings go forward.

PN65

MR HALL: Maybe we should consider our position a little more. I'll have some internal conversation and perhaps with Mr Harris about the most appropriate way forward but I think we could probably do that.

PN66

THE VICE PRESIDENT: Obviously the timing of that is in your hands. Once I receive that application I'll terminate the current proceeding and we'll proceed as an application to vary the award and we'll take it from there.

PN67

MR HALL: Thank you, Vice President.

PN68

THE VICE PRESIDENT: Do you want to add anything, Mr Harris?

PN69

MR HARRIS: Only one point for your noting, Vice President, is myself and PGA have been discussing the possibility of changing the employment classifications descriptions within the award for future operations and that will need a variation too going forward. I'm just bringing to your attention there might be a couple of variations coming.

PN70

THE VICE PRESIDENT: I think if that's coming then unless you tell me otherwise it would be appropriate to deal with all those matters together since they clearly overlap. So if the Pharmacy Guild files that application, unless you tell me otherwise I'll arrange for the matters to be dealt with together.

PN71

MR HARRIS: I see no issues with it being dealt with together. I don't know if Mr Hall would have the same agreement but he would have to have his internal discussions firstly.

PN72

THE VICE PRESIDENT: We'll see what happens but once the applications are filed the parties can then express any view one way or the other about that issue.

PN73

MR HARRIS: Thanks, Vice President.

PN74

THE VICE PRESIDENT: If there's nothing further I thank the parties for their attendance. I'll await these further applications of advice and we'll now adjourn.

PN75

MS BAULCH: Thanks, Vice President.

PN76

MR HALL: Thank you.

ADJOURNED TO A DATE TO BE FIXED�� [9.49 AM]