4 yearly review of modern awards—Penalty rates
[2015] FWC 6791
•1 OCTOBER 2015
| [2015] FWC 6791 |
| FAIR WORK COMMISSION |
STATEMENT AND DIRECTIONS |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—Penalty rates
(AM2014/305)
JUSTICE ROSS, PRESIDENT | MELBOURNE, 1 OCTOBER 2015 |
4 yearly review of modern awards - penalty rates - revised schedule.
[1] Further to the mention on Wednesday 30 September 2015 a revised draft schedule for the retail evidence to be heard in the period from 12 to 30 October 2015 is set out at Attachment A.
[2] The main changes to the previous draft schedule are:
(i) Monday 19 October: Georgina Twomey moved to 9.00 am on same date and Emily Baxter moved to Tuesday 20 October 2015.
(ii) Tuesday 20 October: Emily Baxter at 12.10 pm, Stephen Flook moved to 2.00 pm on same date, and employee evidence to commence at 2.30 pm.
(iii) Monday 26 October: George Fantis and Adrian Longergan moved to 2.00 pm and 2.30 pm respectively, Marcus Dunn moved to 10.30 am, Krista Terese Limbrey and Marek Kopias moved to 11.00 am and 11.30 am respectively.
(iv) Tuesday 27 October: Professor Ray Markey moved to Wednesday 28 October 2015 at 9.30 am.
(v) Wednesday 28 October: Professor Altman moved to Tuesday 27 October at 11.00 am.
(vi) Dr Andrew Pratley removed from schedule of evidence for period from 12 to 30 October 2015.
(vii) Ms Julie Toth removed from the draft schedule because she is not required for cross examination.
[3] Parties are directed to file any comments on the draft witness schedule to [email protected] by no later than 4.00 pm on Thursday 8 October 2015.
[4] Further to the mention on 30 September 2015 the Commission directs as follows:
(i) In relation to the notices to produce which have been issued in respect of the expert witnesses to be called by the SDA:
(a) The SDA is to file any objections to the notices to produce by 4.00 pm Monday 5 October 2015. The objection should be in the form of a full written submission.
(b) The employers are to file submissions in response to any objection made by 4.00 pm Thursday 8 October 2015. The reply should take the form of a full written submission.
The objections will be heard at 12.15 pm on Monday 12 October 2015.
(ii) In relation to the notices to produce issued in respect of the expert witnesses to be called by United Voice (Drs Murrlink and Oliver),:
(a) United Voice is to file any objections to the notices to produce by 4.00 pm Friday 16 October 2015. The objection should be in the form of a full written submission.
(b) The employers are to file submissions in response to any objection made by 4.00 pm Friday 23 October 2015. The reply should take the form of a full written submission.
The objections will be heard at 12 noon on Thursday 29 October 2015.
(iii) Any notices to produce in respect of the SDA’s lay witnesses are to be filed by 4.00 pm on Thursday 8 October 2015. The SDA is to advise the Commission whether they have any objections to any of the notices filed at the commencement of the proceedings at 9.30 on Monday 12 October 2015.
(iv) In relation to objections to the retail employer lay evidence:
(a) The SDA is to file any objections to the retail employer lay evidence by 4.00 pm Tuesday 6 October 2015. The objection should be in the form of a full written submission.
(b) The retail employers are to file submissions in response to any objections made, by 4.00 pm Thursday 8 October 2015. The reply should take the form of a full written submission.
The objections will be heard on Monday 12 October 2015 at a time to be determined. The matter will be mentioned at the commencement of the proceedings at 9.30 am on Monday 12 October 2015.
(v) By 4.00 pm Friday 9 October 2015 the SDA is to advise the Commission and Ai Group as to whether or not it requires witnesses Marek Kopias (5. Ai Group) and Gina Feast (9. Ai Group) for cross examination.
(vi) Leave is granted to apply generally.
[5] All material should be sent to [email protected].
PRESIDENT
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ATTACHMENT A—DRAFT SCHEDULE OF WITNESS EVIDENCE—Retail Group
12–16 October—SYDNEY—Pharmacy | |||||||||
Monday 12 | Tuesday 13 | Wednesday 14 | Thursday 15 | Friday 16 | |||||
9.30 | (45. PGA) Anthony Tassone | 9.30 | (22. PGA) Samantha Kourtis | 9.30 | (37. PGA) Patrick Costigan | 9.30 | (42. PGA) Stephen Armstrong | 9.30 | |
10.15 | (28. PGA) Quinn On | 10.10 | (24. PGA) Trent Playford | 10.10 | 10.10 | 10.10 | |||
10.55 | (23. PGA) David Martin Heffernan | 10.50 | (31. PGA) Lia Mahony | 10.50 | (39. PGA) Dean Pollock | 10.50 | 10.50 | ||
11.35 | (40. PGA) Paul Keane | 11.30 | (46. PGA) Hassan El-Ahmad (known as Sam El-Ahman) | 11.30 | (32. PGA) Tim Logan (Brisbane) VC | 11.30 | 11.30 | ||
12.15 | HEARING: objections to notices to produce | 12.15 | (33. PGA) Michael Farrell | 12.10 | (41. PGA) John Cagney | 12.10 | 12.10 | ||
1.00 | Adjournment | 12.55 | Adjournment | 12.50 | Adjournment | 1.00 | Adjournment | 1.00 | Adjournment |
2.00 | (44. PGA) Angelo Pricolo | 2.00 | (43. PGA) Kin Chong | 2.00 | (27. PGA) Peter Crothers | 2.00 | (36. PGA) Maria Xynias | 2.00 | |
2.45 | (47. PGA) Greg Da Rui (Perth) VC | 2.40 | (29. PGA) Craig Bird | 2.40 | HEARING – objections to evidence | 2.50 | (35. PGA) Ian Lewellin (Melbourne) VC | 2.50 | |
3.25 | CONFERENCE before VP Catanzariti – outstanding objections to evidence (inc Pezzullo) | 3.20 | (26. PGA) Michelle Spiro | 3.20 | 3.30 | 3.30 | |||
Employer witness | Union witness | PGA = Pharmacy Guild of Australia ARA/NRA/MGA = Australian Retailers Association, National Retail Association and Master Grocers Association R&C = Restaurant & Catering Industrial ABI/NSWBC = Australian Business Industrial and New South Wales Business Chamber Ai Group = Australian Industrial Group |
19–23 October—MELBOURNE—Retail | |||||||||
Monday 19 | Tuesday 20 | Wednesday 21 | Thursday 22 | Friday 23 | |||||
9.00 | (34. PGA) Georgina Twomey (QLD) VC | 9.30 | (20. ARA/NRA/MGA) Jorge-Daniel Leroy D’Oreli (South Yarra VIC) | 9.30 | Employee witness 6 | ||||
9.30 | (19. ARA/NRA/MGA) Barry Barron (Cremorne VIC) | 11.30 | (21. PGA) Andrew Topp (ACT) | 9.50 | Employee witness 7 | ||||
10.10 | Employee witness 8 | ||||||||
11.30 | (18. ARA/NRA/MGA) Heath Goddard (QLD) VC | 12.10 | (1. ABI/NSWBC) Emily Baxter (NSW) VC | 10.30 | Employee witness 9 | ||||
10.50 | Employee witness 10 | ||||||||
1.00 | Adjournment | 1.10 | Adjournment | ||||||
2.00 | (15. ARA/NRA/MGA) Graemo Gough (BALLINA) VC | 2.00 | (8. Ai Group) Mr Stephen Flook (QLD) | ||||||
2.40 | (17. ARA/NRA/MGA) Chris Antonieff (QLD) VC | 2.30 | Employee witness 1 | ||||||
3.10 | (14. ARA/NRA/MGA) Belinda Daggett (ALBURY) VC | 3.00 | Employee witness 2 | ||||||
3.40pm | (16. ARA/NRA/MGA) Adam Schoene (SYDNEY) VC | 3.20 | Employee witness 3 | ||||||
3.30 | Employee witness 4 | ||||||||
3.50 | Employee witness 5 | ||||||||
26–30 October—SYDNEY—Fast Food | |||||||||
Monday 26 | Tuesday 27 | Wednesday 28 | Thursday 29 | Friday 30 | |||||
9.30 | 9.30 | (11. Ai Group) Nicola Agostino (Maddington WA) | 9.30 | (SDA) Prof Ray Markey | 9.30 | Ms Lynne Pezzullo | |||
10.00 | (12. Ai Group) David Eagles (Daleyyellup WA) | 10.15 | Ms Lynne Pezzullo | ||||||
10.30 | (7. Ai Group) Marcus Dunn (QLD) | 10.30 | (13. Ai Group) Patricia Ann Deasy (Ordmond VIC) | ||||||
10.50 | (4. Ai Group) Krista Terese Limbrey (Thornleigh, NSW) | 11.00 | (SDA) Prof Morris Altman | ||||||
11.30 | (5. Ai Group) Marek Kopias (Thornleigh, NSW) | ||||||||
12.00 | (6. Ai Group) Adam Dando (QLD) | 12.00 | Hearing: objections to notices to produce and evidence: Drs Murrlink and Oliver | ||||||
1.00 | Adjournment | 1.00 | Adjournment | 1.00 | Adjournment | 1.00 | Adjournment | ||
2.00 | (49. RCI) Mr George Fantis (SA) | ||||||||
2.30 | (48. RCI) Adrian Longergan (QLD) | ||||||||
3.00 | (9. Ai Group) Gina Feast (Osborne Park WA) | ||||||||
3.30 | (10. Ai Group) Ayman Haydar (Marmion WA) | ||||||||
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