PN1

THE VICE PRESIDENT: I'll take the appearances. Mr Galbraith and Ms Perera, you appear for the SDA. Hello?

PN2

MS S PERERA: Yes, thank you, your Honour.

PN3

THE VICE PRESIDENT: All right.

PN4

MR GALBRAITH: Yes, thank you, your Honour.

PN5

THE VICE PRESIDENT: Mr Crawford, you appear for the AWU.

PN6

MR S CRAWFORD: Yes, thank you, your Honour.

PN7

THE VICE PRESIDENT: And, Ms Bhatt, you appear for the Ai Group.

PN8

MS R BHATT: Yes, Vice President.

PN9

THE VICE PRESIDENT: All right. There's two issues which I want to briefly discuss with the parties today. The first is the issue that was raised in paragraph 13 of the Full Bench's decision on 5 March, which, as you will see from paragraph 6 of the decision of 2 August, has been assigned for resolution to this Full Bench.

PN10

The parties have already filed some submissions about this issue. The only issue I want to discuss today is whether the parties are content for the Full Bench to decide the issue on the basis of the written submissions already filed or whether they want a further opportunity to make submissions or, alternatively or in addition, want to have an oral hearing about the matter. So I don't mind what order you respond to, but does anyone want to respond to that?

PN11

MS BHATT: Vice President, it's Ms Bhatt. I'm happy to indicate on behalf of Ai Group that we're content for the matter to be determined on the basis of what's already been filed.

PN12

THE VICE PRESIDENT: All right, thank you. Does anyone take a different view from that?

PN13

MR CRAWFORD: No, your Honour. The AWU supports that course of action too.

PN14

THE VICE PRESIDENT: All right, thank you. And SDA?

PN15

MS PERERA: No, your Honour, the SDA are also happy to support that, thank you.

PN16

THE VICE PRESIDENT: All right. The second issue is the email correspondence which was sent to the parties yesterday. Arising out of the March decision we made a variation, which I don't think anyone opposed, to clause 31.2, but it's been picked up that that may contain an error, insofar as it conflicts with clause 12.7 of the award, which for part‑time employees provides for overtime after the agreed hours have been exceeded, not just 38 hours. Does any party wish to contend that that is not an error?

PN17

MS BHATT: Vice President, it's Ms Bhatt here. We've briefly considered the issue since the correspondence was sent to us yesterday, and it wasn't apparent to us that there is necessarily a conflict between the two provisions. It seems to us that hours that are agreed in accordance with clause - I think it's clause 12 for a part‑time employee, would necessarily be less than 38 or an average of 38 in a week, because those are part‑time employees' ordinary hours.

PN18

So 31.2(a) requires the payment of overtime rates for time that wouldn't necessarily fall beyond a part‑time employee's agreed number of hours under clause 12, so to that extent it doesn't appear to us that there is an inconsistency, as such, but perhaps we've misunderstood the issue.

PN19

THE VICE PRESIDENT: The new clause 31.2(a) says it's hours in excess of the ordinary numbers of hours work prescribed by clause 28.2, which simply refers to 38 hours. So on one view, that's applicable only to full‑time employees, and then for part‑time employees it should cross‑refer to 12.7 in respect of them.

PN20

In any event, is there any doubt that under the award as it currently stands, part‑time employees are entitled to overtime penalty rates if they exceed the agreed number of part‑time hours?

PN21

MS BHATT: Not from Ai Group's perspective.

PN22

THE VICE PRESIDENT: And I assume that the AWU and SDA agree with that?

PN23

MR CRAWFORD: Yes, that's certainly our view - the AWU's view, your Honour.

PN24

MS PERERA: And that's the SDA's view too, your Honour, thank you.

PN25

THE VICE PRESIDENT: All right. I think the course I propose to take is that the Commission will issue a draft determination modifying 31.2, just to clarify the point that overtime applies in respect of part‑time employees as provided for in 12.7, and the parties will then have an opportunity to comment upon that. Is that a suitable course of action?

PN26

MS BHATT: It is from our perspective, Vice President, thank you.

PN27

MR CRAWFORD: Yes, your Honour.

PN28

MS PERERA: Yes, your Honour. The SDA are happy with that, thank you.

PN29

THE VICE PRESIDENT: All right. They're all the matters I want to deal with today, unless there's any other relevant matter any party wishes to raise. No? All right. I thank the parties for their attendance today, and we'll now adjourn.

PN30

MR CRAWFORD: Thanks, your Honour.

ADJOURNED INDEFINITELY [10.13 AM]