[5] A conference of the interested parties was held on 12 February 2021[6] (the
February 2021 conference) and an agenda,[7] setting out the proposed resolutions
to certain items, was published prior to the conference.
[6] In a statement issued on 18 February 2021[8] (the February 2021 Statement)
at paragraph [18] we confirmed our provisional view that the minor errors listed
as items 3, 6, 12, 13, 14, 21, 31, 35, 37, 39, 51, 57, 62, 67, 68, 69, 70, 71 in the
summary of submissions were now resolved.
[7] The February 2021 Statement noted, at paragraph [20], that no party took
issue with the proposed resolutions set out in the agenda and we confirmed that we
would adopt the proposed solutions set out in the agenda. We also noted that at
the February 2021 conference the AWU withdrew its objection to the amendment
proposed by Ai Group at item 34 and that we would amend the PLED in the
manner proposed by Ai Group. A revised summary of submissions[9] and a revised
PLED[10] (February 2021 PLED), incorporating the solutions was published on 18
February 2021. We confirm that items 1, 2, 4, 5, 7, 11, 17, 18, 19, 24, 34, 36, 42, 44,
45, 48, 52, 53, 60 listed in the summary of submissions are now resolved.
[8] In relation to the outstanding items listed in the summary of submission, the
parties sought an opportunity to file further written submissions on certain items.
In the February 2021 Statement we stated that items 9, 10, 23, 25, 26, 27, 41, 43,
46, 58, 61, 63, 64, 65 and 66 would be determined based on submissions already
filed and that items 8, 15, 16, 20, 22, 28, 29, 30, 32, 33, 38, 40, 47, 49, 50, 54, 55,
56 and 59 would be determined based on submissions already filed and further
written submissions.
[9] In accordance with the directions in the February 2021 Statement,[11] and the
extension granted on 3 March 2021, submissions were received from the following
interested parties:
• Ai Group (19 March 2021)
• AWU (19 March 2021)
• SDA (19 March 2021)
[10] Submissions in reply were received from:
• Ai Group (6 April 2021)
• AWU (6 April 2021)
• SDA (7 April 2021)
Outstanding matters
[11] We now turn to deal with the outstanding items to be determined, listed at [8]
above.
Item 8 – clause 4.2—Coverage (industry definition)
[12] Item 8 relates to the drafting of the industry definition at clause 4.2(j), now
4.2(k) after the resolution of item 7. Clause 4.2(k) of the PLED states:
‘(k) body massage including high frequency body treatments and other specialised treatments
using machinery and other cosmetic applications and techniques; or’
[13] The comparable expression in Clause 3 of the current award states:
‘(b) ...high frequency body treatments, including full body massage and other specialised
treatments using machinery and other cosmetic applications and techniques,’
[14] Ai Group objects to the inverse order of ‘high frequency body treatments’ and
‘body massage’, submitting that this appears to substantively narrow the coverage
of the award and seek that clause 4.2(k) of the PLED be amended as follows: