PN1

THE DEPUTY PRESIDENT: It's Kovacic DP here. Can you all hear me clearly?

PN2

MR FORSTER: We can, your Honour.

PN3

THE DEPUTY PRESIDENT: I'll just check that we've got everybody on. This afternoon's hearing is being recorded so I can perhaps start just by asking each of you to state your appearance, thank you. We might start with you, Mr Forster.

PN4

MR S FORSTER: Yes, thank you, your Honour. It's Steve Forster from MinterEllison and I appear on behalf of the Television Networks; the Seven Network Operations Ltd, Nine Network Pty Ltd and Network Ten Pty Ltd and each of their related entities in this matter.

PN5

THE DEPUTY PRESIDENT: Thank you, Mr Forster. Can we now go to perhaps commercial radio.

PN6

MR S BURKE: Thank you, Deputy President. It's Mr Burke, initial S, from Laycock Burke Castaldi, appearing for Commercial Radio Australia.

PN7

THE DEPUTY PRESIDENT: Right, thank you. Welcome, Mr Burke. Now to MEAA.

PN8

MR M CHESHER: Thanks, your Honour, Chesher, initial M, for MEAA.

PN9

THE DEPUTY PRESIDENT: Finally, the CPSU.

PN10

MS K BARLOW: If it please the Commissioner, thank you, your Honour, Barlow, initial K for the CPSU.

PN11

THE DEPUTY PRESIDENT: Welcome, Ms Barlow. Thank you everyone for making yourselves available this afternoon. Just a bit of background here in terms of why the matter's been called on again. You mightn't recall that the last time we spoke was in mid-April of this, at which time what emerged was that in essence the threshold issue still remained in dispute and there were some suggestions that some of the issues relating to the issue of time off in lieu might be sort of addressed in award stage. So that was not something which the news or the networks et cetera were supportive of, given where these proceedings had gotten to. I'd undertaken to bring the matter to the attention of the President.

PN12

I've recently had some further conversations with the President and he just asked that I convene a further hearing just in essence to establish, I suppose, what the current state of play is and whether if there's no change, how the parties wish to proceed in respect of the issue. I suppose it really comes down to, in that sense, as to whether the disputed issue is something that they felt or feel, I should say, could be determined on the papers and if so whether the existing sort of material that's been provided to the Commission, whether you'd wish to supplement that or alternatively whether you'd wish to have the matter heard by the Full Bench and in either of those cases, if there was a desire to provide further material, what might be the likely timeframe involved in that.

PN13

That's the context to this afternoon's hearing, and I might again throw to you perhaps in the first instance, Mr Forster, if there's anything you wish to say around either of those issues?

PN14

MR FORSTER: Yes, thank you, your Honour. Can I just clarify a couple of things. Today's conference, I understand, concerns the Broadcasting and Recorded Entertainment Award and not the Journalists Published Media Award.

PN15

THE DEPUTY PRESIDENT: Right, my mistake, apologies. I was operating under the misapprehension it might have been. Yes, well all right.

PN16

MR FORSTER: So that being the case I can easily understand the misapprehension because throughout the four yearly review, MinterEllison have been acting for the television networks in the BREA and for want of a better description, the Publishers News Ltd Bauer Media and Pacific Magazines Ltd in the Journalists Award.

PN17

THE DEPUTY PRESIDENT: Yes.

PN18

MR FORSTER: Originally we had taken opposition to the threshold question about whether or not the model term should be inserted into both of those awards. However, the position is now that we don't object to the insertion of the model term into the BREA, subject to one proposed change to a draft order that was - draft determination that was published by the Commission on 26 September proposing to vary the BREA.

PN19

THE DEPUTY PRESIDENT: Yes.

PN20

MR FORSTER: We filed some correspondence on 19 October 2016, setting out what our minor suggestion was. But that was more a question of form rather than substance. So the threshold issue for us at least is resolved in this award. It remains in the Journalists Award and perhaps there might need to be another conference convened to discuss that separately.

PN21

THE DEPUTY PRESIDENT: I think that's probably the case and I think there might have been a miscommunication between myself and my chambers in respect of which awards I was to deal with, so I apologise for that. I think that in respect of journalists I'll look to that matter relisted for a short hearing as quickly as possible. Whilst I've got the benefit of all the other parties on the line, is there anything that anyone wants to say in respect of what Mr Forster has said in terms of the Broadcasting and Recorded Entertainment Award?

PN22

MR CHESHER: It's Matthew Chesher, your Honour, from MEAA. I think it's previously on the record as acknowledging Mr Forster's submission on behalf of the networks about the language change that was reflected in his 19 October 2016 letter. That was about the first two hours versus some confusing language and we conceded that point some time ago so no harm in doing so again now.

PN23

THE DEPUTY PRESIDENT: All right, great. Mr Burke and Ms Barlow, anything you want to say?

PN24

MR BURKE: Deputy President, Mr Burke here. There's nothing from Commercial Radio's position that they'd like to say about this particular issue.

PN25

THE DEPUTY PRESIDENT: Right. Finally, Ms Barlow.

PN26

MS BARLOW: Thank you, your Honour. The issues with the model TOIL term (indistinct) got now appear to be largely resolved and on that basis I think CPSU supports the modified version of the model term that was proposed in about September last year being included in the award. I think it does address one of the issues that had previously raised which was a little bit of concern but obviously this is an award where there are types of workers who receive TOIL, not on an hour per hour basis but on an equivalent to the overtime rate that they would otherwise have been paid. Now that that is adequately addressed in the award in the draft determination, I think it's fine to (indistinct).

PN27

THE DEPUTY PRESIDENT: Right. In those circumstances there's probably not more that we need to discuss this afternoon. Mr Forster and Mr Chesher, thank you again and no doubt my chambers will be in touch shortly in terms of organising a further conference regarding the Journalists and Published Media Award. I'll endeavour to get that brought on probably at some stage next week at a time that's mutually convenient. We'll no doubt talk again shortly in that regard.

PN28

MR FORSTER: Thank you, your Honour.

PN29

MR CHESHER: Thanks, your Honour.

PN30

THE DEPUTY PRESIDENT: Thank you everyone for your time this afternoon.

PN31

MR FORSTER: Thanks, your Honour, bye.

PN32

THE DEPUTY PRESIDENT: Bye.

ADJOURNED INDEFINITELY [2.09 PM]