4 yearly review of modern awards
[2019] FWCFB 6077
•2 SEPTEMBER 2019
| [2019] FWCFB 6077 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards
(AM2019/17)
JUSTICE ROSS, PRESIDENT | MELBOURNE, 2 SEPTEMBER 2019 |
4 yearly review of modern awards – finalisation of exposure drafts – newly constituted Full Bench.
1. Introduction and background
[1] This Decision provides an overview of the status of the first 4 yearly review of modern awards (the Review) and sets out the process for finalising the exposure drafts and the consequent variation of each modern award. This Full Bench has been constituted to oversee this process (AM2019/17).
[2] Since January 2014, the Fair Work Commission (the Commission) has been conducting the Review in accordance with s.156 of the Fair Work Act 2009 (the Act).
[3] On 12 December 2018 s.156 of the Act was repealed by the Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018 (the Amending Act) with effect from 1 January 2018. Under the application and transitional provisions of the Amending Act, a review of an award that commenced but was not completed before 1 January 2018 can continue under the terms of the repealed provisions.
[4] The conduct of the Review has been open and transparent and a dedicated 4 yearly review website part of the Commission’s website has been used to provide information to interested parties (including employers, employees, organisations, governments, individuals and representatives), in a timely manner. All material considered throughout the Review has been published on the 4 yearly review website (with the exception of material subject to confidentiality orders). Throughout the Review dedicated subscription services send daily emails when material is published on the website to all who have registered for either the Award matters service or the Penalty rates case service.
[5] The Commission has issued 189 decisions as part of the 4 yearly review and 280 procedural Statements. In excess of 1150 hearing days, mentions and conferences have been conducted throughout the course of the Review.
[6] As at 30 August 2019, the 4 yearly review website contained in excess of 22,000 documents relating to the Review, including approximately 13,500 submissions and pieces of correspondence. Other documentation posted to the website includes research and background papers, issues papers, notices of listing and transcripts.
[7] At the commencement of the Review in 2014, it was decided that the most efficient way of conducting the process was in three stages—an Initial stage to deal with any jurisdictional issues, an Award stage where each award would be reviewed in its own right and a Common issues stage where claims that would affect all or a number of awards would be dealt with by a dedicated Full Bench. Where an issue was more complex or parties were seeking a substantive change to current entitlements, it was referred to a separate Full Bench to hear evidence as to why the proposed change is necessary for the award to achieve the modern awards objective.
[8] There are a number of common issue matters and substantive claims that remain outstanding. The common matters that are yet to be finally determined are:
• Annualised Salaries
• Overtime for casuals
• Payment of wages on termination of employment (award specific issues only)
• Payment of wages
• Terminology relating to annual leave loading
• Shut down provisions
• Drafting of casual conversion clause (in the 28 modern awards that had such clauses prior to the Review)
• Span of hours (determinations to be finalised)
• Reasonable overtime (limited awards only)
• National Training Wage (3 awards only)
[9] A Statement issued on 24 December 2018 provided a status update about the Full Benches that are dealing with substantive claims. In total, 69 full benches have been constituted to hear and determine substantive claims arising in respect of modern awards. Some 42 of these Full Benches have now been heard and determined the claims before them (or the claims withdrawn), 7 Full Benches have reserved their decision and 20 are part heard.
[10] A plain language project has also been run as part of the Review. This involved a ‘light touch’ review of all modern awards, the redrafting of certain standard clauses and the more substantial plain language redrafting of a select number of awards.
Scope of Plain Language Light Touch
[11] At a conference on 29 April 2019 a number of parties sought an opportunity to file written submissions in relation to the scope of the light touch process. Interested parties were given an opportunity to file further submissions. As a number of matters to be implemented in the light touch process have already been determined the parties were asked to focus on:
• Changes in wording that have resulted from an application of the plain language guidelines; and
• Issues arising from the translation from the plain language re-drafting of the General Retail Industry Award 2010 and other awards that have been included in the plain language project.
[12] The issues raised in the submissions highlighted the risks inherent in adopting changes across the award system based on changes which have been made to those selected awards which have been completely redrafted in plain language. The general tenor of the submissions made urged the Commission to take a cautious, indeed minimalist, approach to changing existing award terms during the light touch process, on the basis that such changes may have unintended consequences.
[13] In a decision issued on 20 August 2019 1 the Plain Language Full Bench concluded that the risks involved in adopting changes across the award system – particularly the risk of changing the legal effect of an existing award term – outweighed the benefits of such an extensive ‘light touch’ approach. Consistent with the submissions advanced by ABI and Ai Group, the Plain Language Full Bench decided that the ‘light touch’ process will be confined to making changes to the structure of exposure drafts in Groups 1 to 3 awards (in accordance with the plain language structure completed for awards in Group 4); the insertion of plain language standard clauses and relevant key decisions dealing with common issues.
[14] The Plain Language Full Bench also invited any interested person to identify any term in any modern award that is ambiguous, uncertain or confusing so that the term could be considered for plain language re-drafting in the current Review. Any such proposal can be made at any time and is to be forwarded to [email protected].
Plain Language review of selected awards
[15] A number of selected awards have been completely redrafted in plain language. The selection of these awards was based on a number of factors including:
• industries or subsectors identified by the Fair Work Ombudsman as having high levels of non-compliance;
• award reliance survey data regarding modern awards used by small businesses; and
• the resources available to the Commission.
[16] The plain language re-drafting of the following awards is complete:
• Pharmacy Industry Award 2010
• Clerks – Private Sector Award 2010
• Restaurant Industry Award 2010
• Hospitality Industry (General) Award 2010
• General Retail Industry Award 2010
• Security Services Industry Award 2010
[17] There are two outstanding issues in relation to the plain language re-drafting of the Cleaning Services Award 2010 and these will be finalised in accordance with the process set out at in [2019] FWCFB 5409 at [42]. The plain language redrafting of the Fast Food award will commence in the coming weeks.
[18] As to the remaining awards, the plain language re-drafting of the Aged Care Award 2010, Children’s Services Award 2010, Hair and Beauty Industry Award 2010 and the Social, Community, Home Care and Disability Services Industry Award 2010 will commence after the substantive issues in respect of those awards have been heard and determined. A timetable for consultation on the re-drafting process will be issued in the latter part of 2019.
[19] The Review process is now nearing completion and this Decision outlines the process over the coming months.
2. Finalising the Award phase of the Review (Exposure Drafts)
[20] Three procedural Statements issued in early 2019 dealt with the process for finalising the Review:
• A Statement setting out a timeline for finalisation of exposure drafts for 2019 (see [2019] FWC 932).
• A Statement finalising a timetable for 2019 which outlines when specific Full Bench matters are to be heard (see [2019] FWC 717) (note a Statement was also issued on 24 December 2018 providing a status update about a number of Full Benches that are dealing with substantive claims).
• A Statement providing an update about the status of matters before the Plain Language Full Bench and next steps in the plain language project (see [2019] FWCFB 1255).
[21] Exposure drafts for Groups 1, 2, 3 and 4 were republished throughout February and March 2019 on the dates set out below:
Group 1: published on 13 February 2019
Group 2: published on 15 February 2019 2
Group 3: Sub-group 3A: published 1 March 2019
Sub-groups 3B, 3C, 3D: published on 8 March 2019 3
Group 4: Sub-group 4A and 4B: published on 15 March 2019
Sub-group 4C and 4D: published on 22 March 2019
Sub-group 4E and 4F: published on 29 March 2019 4
[22] As set out in the Statement issued on 13 February 2019, 5 the exposure drafts that were republished in February and March 2019 contained the following updates:
• technical and drafting decisions for each group (1–4) of the award stage;
• common issues and plain language decisions including payment of wages on termination, standard clauses, National Training Wage, family and domestic violence leave, flexible working arrangements, part-day public holidays, casual conversion, minimum engagement and abandonment of employment; and
• adjustments to rates and allowances resulting from the 2017-18 Annual Wage Review decision and any award variations operative since the last update.
[23] Interested parties were invited to comment on the revised exposure drafts and submissions were received throughout March and April 2019. We are conscious that parties have not yet had an opportunity to respond to issues raised in these submissions and we address that issue later.
[24] Submissions relating to 74 exposure drafts were received throughout March and April 2019. No submissions were received in relation to the following 44 Exposure Drafts:
Group | Exposure draft title |
4B | Air Pilots Award 2010 |
4B | Airline Operations—Ground Staff Award 2010 |
2A | Alpine Resorts Award 2010 |
1B | Aluminium Industry Award 2010 |
1A | Ambulance and Patient Transport Industry Award 2010 |
2B | Animal Care and Veterinary Services Award 2010 |
2A | Aquaculture Industry Award 2010 |
3A | Banking, Finance and Insurance Award 2010 |
4D | Book Industry Award 2010 |
4E | Car Parking Award 2010 |
1B | Cement, Lime and Quarrying Award 2010 |
3C | Coal Export Terminals Award 2010 |
2D | Corrections and Detention (Private Sector) Award 2010 |
1A | Cotton Ginning Award 2010 |
3C | Dredging Industry Award 2010 |
3B | Educational Services (Post-Secondary Education) Award 2010 |
3C | Electrical Power Industry Award 2010 |
2D | Fire Fighting Industry Award 2010 |
4E | Funeral Industry Award 2010 |
1E | Gas Industry Award 2010 |
2D | Horse and Greyhound Training Award 2010 |
3D | Horticulture Award 2010 |
1E | Hydrocarbons Industry (Upstream) Award 2010 |
3A | Legal Services Award 2010 |
3C | Marine Towage Award 2010 |
3A | Market and Social Research Award 2010 |
2B | Medical Practitioners Award 2010 |
3D | Nursery Award 2010 |
4E | Pest Control Industry Award 2010 |
2B | Pharmacy Industry Award 2010 |
3C | Ports, Harbours and Enclosed Water Vessels Award 2010 |
3C | Port Authorities Award 2010 |
1B | Premixed Concrete Award 2010 |
2D | Racing Industry Ground Maintenance Award 2010 |
1D | Rail Industry Award 2010 |
1B | Salt Industry Award 2010 |
3D | Silviculture Award 2010 |
3A | Sporting Organisations Award 2010 |
4C | Surveying Award 2010 |
2C | Transport (Cash in Transit) Award 2010 |
4D | Travelling Shows Award 2010 |
1C | Vehicle Manufacturing, Repair, Services and Retail Award 2010 |
4E | Water Industry Award 2010 |
1C | Wool Storage, Sampling and Testing Award 2010 |
[25] A number of submissions on the revised exposure drafts related to minor typographical errors, formatting errors, or omissions within the drafts. These minor errors have been corrected in the following exposure drafts:
• Aged Care Award 2010 6
• Aircraft Cabin Crew Award 2010 7
• Airport Employees Award 2010 8
• Cleaning Services Award 2010 9
• Maritime Offshore Oil and Gas Award 2010 10
• Meat Industry Award 2010 11
• Poultry Processing Award 2010 12
• Textile, Clothing Footwear and Associated Industries Award 2010 13
• Graphic Arts, Printing and Publishing Award 2010 14
• Nurses Award 2010 15
• Road Transport (Long Distance Operations) Award 2010 16
• Seafood Processing Award 2010 17
• Business Equipment Award 2010 18
• Labour Market Assistance Award 2010 19
• Real Estate Industry Award 2010 20
• Higher Education Industry – General Staff Award 2010 21
• Local Government Industry Award 2010 22
• Pastoral Award 2010 23
• Building and Construction General On-site Award 2010 24
• Joinery and Building Trades Award 2010 25
• Plumbing and Fire Sprinklers Award 2010 26
• Mobile Crane Hiring Award 2010 27
• Hospitality Industry (General) Award 2010 28
[26] The remaining submissions raise more complex issues. A complete list of submissions received is set out at Attachment A to this decision. As mentioned earlier, we are conscious that parties have not had an opportunity to respond to issues raised in these submissions. Any interested party who wishes to file a reply to any submission listed at Attachment A to this decision is directed to do so by no later than 4.00 pm on Friday 20 September 2019. An oral hearing will be listed for 9 October 2019.
3. Revised process for finalising exposure drafts
[27] Exposure drafts will be published one final time for comment (prior to their translation into varied modern awards). We are proposing to publish exposure drafts and draft variation determinations over the coming months in three tranches. The exposure drafts contained in each tranche are listed at Attachment B to this Statement.
[28] A series of amendments have been made to the exposure drafts that were published throughout February and March 2019. The following amendments have been applied:
• adjustments to rates and allowances as a result of the 2018-19 Annual Wage Review decision; 29
• the plain language ‘light touch’ restructure which includes structural changes to exposure drafts in Groups 1-3 (these structural changes have already been made to exposure drafts in Group 4);
• changes resulting from parties submissions on exposure drafts that were published throughout February and March 2019;
• changes resulting from any substantive claims heard by separately constituted full benches; and
• recent common issue decisions including:
◦ the decision relating to various issues referred to the plain language project issued on 20 August 2019 30 (including issues relating to hourly rates of pay schedules; terminology of rates; cross references in coverage clauses; annual weekly and hourly rates in minimum wages tables; reasonable overtime);
◦ Family and Domestic Violence Leave; 31
◦ Payment of Wages on termination of employment; 32
◦ Standard clauses; 33
◦ Substitution of public holidays. 34
[29] As requested by Ai Group in its submission of 9 May 2019 35, each revised exposure draft will be published using the tracked changes function so the changes are easily identifiable by interested parties. History notes will also be used at each updated clause, as has been done throughout the Review.
[30] In each of the three tranches a draft variation determination will also be published for each modern award. 36 Parties are directed to comment on the contents of the draft determinations in accordance with the timeline set out at [36] below. Final variation determinations will be issued following the consultation process.
[31] Specific clauses in exposure drafts that relate to any outstanding issues (including those that are the subject of substantive claims) will be quarantined and a note inserted into the relevant clause of the exposure drafts during the publication process. Any outstanding substantive claims that have not been determined when the awards are varied to reflect the contents of the final exposure drafts will be incorporated by way of a subsequent variation determination.
4. Provisional view: Tranche 1
[32] As previously mentioned, a large number of decisions have been issued as part of the 4 yearly review of modern awards. A complete list of these decisions is set out at Attachment C to this decision.
[33] It is our provisional view that the variation of the modern awards in tranche 1 in accordance with the draft variation determinations set out at Attachment D is, in respect of each of these awards, necessary to achieve the modern awards objective. In reaching that conclusion we have adopted the reasons set out in the decisions at Attachment C insofar as they are relevant to each of the awards in tranche 1 and, in particular, to the considerations in s.134(1)(a) to (h),which are addressed in each of those decisions.
[34] Interested parties are directed to comment on this provisional view in accordance with the timeline set out at [36] below.
5. Next steps
[35] The first tranche of exposure drafts will be published by close of business on Monday 2 September 2019. Interested parties will have the opportunity to comment on the contents of the exposure drafts. Submissions are to be filed by no later than 4.00 pm on 20 September 2019. Parties will then be provided an opportunity to reply to a submission filed by any other party. Submissions in reply are to be filed by no later than 4.00 pm on 2 October 2019. All submissions must be sent electronically to [email protected]. A Full Bench hearing will be listed to determine any issues raised in submissions if necessary. Such hearing will be listed for 11 October 2019.
[36] A similar publication process will follow for the exposure drafts listed in Tranche 2 and Tranche 3. A timeline with relevant dates is set out below:
Date | Event | |
Tranche 1 | 2 September 2019 | Publish final exposure drafts and draft variation determinations |
20 September 2019 | Parties to file submissions on final exposure drafts draft variation determinations | |
2 October 2019 | Parties to file submissions in reply | |
11 October 2019 | Full Bench Hearing (if required) | |
Tranche 2 | 14 October 2019 | Publish final exposure drafts and draft variation determinations |
25 November 2019 | Parties to file submissions on final exposure drafts draft variation determinations | |
9 December 2019 | Parties to file submissions in reply | |
16/17 December 2019 | Full Bench Hearing (if required) | |
Tranche 3 | 29 January 2020 | Publish final exposure drafts and draft variation determinations |
4 March 2020 | Parties to file submissions on final exposure drafts draft variation determinations | |
27 March 2020 | Parties to file submissions in reply | |
6/7 April 2020 | Full Bench Hearing (if required) |
[37] The dates in relation to tranches 2 and 3 are indicative only. We will confirm the dates in due course. There may also be some changes to the awards listed in tranche 2 and 3 depending on the determination of related proceedings. Any party who wishes to express a view about the awards listed in tranches 2 and 3 should forward any comments to [email protected].
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR711893>
LIST OF ATTACHMENTS
A. List of all submissions received in response to exposure drafts published February and March 2019
B. Exposure Drafts to be finalised
C. List of decisions issued as part of the 4 yearly review of modern awards
D. Draft variation determinations
ATTACHMENT A - List of all submissions received in response to exposure drafts published February and March 2019
Party name | Date | Relevant modern award |
Group 1 | ||
Australian Industry Group submission | 13 March 2019 | All awards in Group 1 |
United Voice submission | 13 March 2019 | Cleaning Services Award and Security Services Award |
Australian Business Industrial submission | 13 March 2019 | Various awards in Group 1 |
CMIEG submission | 12 March 2019 | Black Coal Mining Award |
AMWU submission | 13 March 2019 | Manufacturing; Oil Refining and Manufacturing Award 2010; Poultry Processing Award |
AMIEU submission | 15 March 2019 | Meat Industry Award and Poultry Processing Award |
CFMMEU submission | 13 March 2019 | Stevedoring Industry Award |
CFMMEU submission | 13 March 2019 | Marine Tourism and Charter Vessels Award |
CFMMEU submission | 13 March 2019 | Maritime Offshore Oil and Gas Award |
CFMMEU submission | 13 March 2019 | Professional Diving Industry (Industrial) Award |
CFMMEU submission | 13 March 2019 | Professional Diving Industry (Recreational) Award |
ASIAL submission | 4 March 2019 | Security Services Award |
Group 2 | ||
Australian Industry Group submission | 13 March 2019 | All awards in Group 2 |
Australian Business Industrial submission | 15 March 2019 | Various awards in Group 2 |
AMWU submission | 13 March 2019 | Seafood Processing Award |
HSU submission | 1 April 2019 | Health Professionals and Support Services Award 2010 |
Australian Nursing and Midwifery Federation submission | 27 March 2019 | Nurses Award |
Private Hospital Industry Employer Associations | 4 March 2019 | Nurses Award |
TWU submission | 22 March 2019 | Road Transport and Distribution Award |
Australian Road Transport Industrial Organization submission | 8 March 2019 | Road Transport and Distribution Award; Road Transport (Long Distance Operations) Award; Waste Management Award |
Australian Public Transport Industrial Association submission | 14 March 2019 | Passenger Vehicle Transportation Award |
National Road Transport Association | 4 March 2019 | Road Transport (Long Distance Operations) Award |
Waste Contractors and Recyclers Association of NSW | 14 March 2019 | Waste Management Award |
Group 3 | ||
Australian Business Industrial submission | 29 March 2019 | Various awards in Group 3 |
Community and Public Sector Union submission | 29 March 2019 | Contract Call Centres Award; Labour Market Assistance Award; Telecommunications Award; Miscellaneous Award |
ASSA submission | 19 March 2019 | Fitness Industry Award |
REEF submission | 27 March 2019 | Real Estate Industry Award |
RESA submission | 1 April 2019 | Real Estate Industry Award |
ISV submission | 5 April 2019 | Educational Services (Schools) General Staff Award |
IEU submission | 5 April 2019 | Educational Services (Schools) General Staff Award |
Group of 8 Universities submission | 5 April 2019 | Higher Education Industry-Academic Staff-Award; Higher Education Industry-General Staff-Award |
WA Local Government Association, NT Local Government Association and Local Government Association of Tas submission | 5 April 2019 | Local Government Industry Award |
DPC submission | 4 April 2019 | State Government Agencies Award 2010 |
Community and Public Sector Union submission | 4 April 2019 | State Government Agencies Award 2010 |
Sea Swift submission | 8 April 2019 | Seagoing Industry Award |
AIMPE submission | 12 March 2019 | Seagoing Industry Award |
National Farmers Federation submission | 26 April 2019 | Pastoral Award |
South Australian Wine Industry Association submission | 5 April 2019 | Wine Industry Award |
Group 4 | ||
Australian Business Industrial submission | 15 April 2019 | Various modern awards in Group 4 |
NATSIHWA submission | 12 April 2019 | Aboriginal Community Controlled Health Services Award |
Aged Care Employers | 15 April 2019 | Aged Care Award |
National Disability Services | 18 April 2019 | Social, Community, Home Care and Disability Services Industry Award |
Flight Attendants' Association of Australia | 23 April 2019 | Aircraft Cabin Crew Award |
Community and Public Sector Union submission | 12 April 2019 | Airport Employees Award; Broadcasting, Recorded Entertainment and Cinema’s Award |
ACAA submission | 9 April 2019 | Architects Award |
Master Electricians Association submission | 11 April 2019 | Electrical, Electronic and Communications Contracting Award |
Live Performance Australia submission | 18 April 2019 | Amusement, Events and Recreation Award |
Live Performance Australia submission | 29 April 2019 | Live Performance Award |
Media, Entertainment and Arts Alliance submission | 30 May 2019 | Live Performance Award |
Australian Hotels Association submission | 26 April 2019 | Hospitality Industry (General) Award |
Club Managers’ Association, Australia | 26 April 2019 | Registered and Licensed Clubs Award |
Clubs Australia - Industrial | 17 May 2019 | Registered and Licensed Clubs Award |
ATTACHMENT B – TRANCHES 1-3
Note that these lists do not contain the Hair and Beauty Award, the Fast Food Award, the Social, Community Home Care and Disability Services Industry Award, the Children’s Services Award or the Aged Care Award.
The above awards will be the subject of the plain language re-drafting process.
FIRST TRANCHE OF EXPOSURE DRAFTS TO BE FINALISED
(40 exposure drafts)
Group | Exposure draft title |
1B | Aluminium Industry Award |
1A | Ambulance and Patient Transport Industry Award |
2B | Animal Care and Veterinary Services Award |
2A | Aquaculture Industry Award |
3A | Banking, Finance and Insurance Award |
4D | Book Industry Award |
33A | Business Equipment Award |
4E | Car Parking Award |
1B | Cement, Lime and Quarrying Award |
4E | Cemetery Industry Award |
3C | Coal Export Terminals Award |
2D | Corrections and Detention (Private Sector) Award |
1A | Cotton Ginning Award |
3C | Electrical Power Industry Award |
2D | Fire Fighting Industry Award |
4E | Funeral Industry Award |
3D | Gardening and Landscaping Services Award |
2A | Graphic Arts, Printing and Publishing Award |
1E | Hydrocarbons Industry (Upstream) Award |
3A | Legal Services Award |
3A | Market and Social Research Award |
2B | Medical Practitioners Award |
1D | Mining Industry Award |
3D | Nursery Award |
1D | Oil Refining and Manufacturing Award |
2B | Pharmacy Industry Award |
3C | Port Authorities Award |
1B | Premixed Concrete Award |
2D | Racing Industry Ground Maintenance Award |
3A | Real Estate Industry Award |
1B | Salt Industry Award |
2A | Seafood Processing Award |
3D | Silviculture Award |
3A | Sporting Organisations Award |
3B | State Government Agencies Award |
4C | Surveying Award |
3A | Telecommunications Services Award |
4D | Travelling Shows Award |
4E | Water Industry Award |
1C | Wool Storage, Sampling and Testing Award |
SECOND TRANCHE OF EXPOSURE DRAFTS TO BE FINALISED
(43 exposure drafts)
Group | Exposure draft title |
4A | Aboriginal Community Controlled Health Services Award |
4B | Airline Operations—Ground Staff Award |
4B | Air Pilots Award |
4B | Aircraft Cabin Crew Award |
4B | Airport Employees Award |
2A | Alpine Resorts Award |
4C | Architects Award |
4C | Asphalt Industry Award |
1A | Cleaning Services Award |
3A | Clerks—Private Sector Award |
3A | Commercial Sales Award |
1B | Concrete Products Award |
3A | Contract Call Centres Award |
3B | Educational Services (Schools) General Staff Award |
3B | Educational Services (Post-Secondary Education) Award |
4F | Dry Cleaning and Laundry Industry Award |
1E | Gas Industry Award |
3B | Higher Education Industry—Academic Staff—Award |
3B | Higher Education Industry—General Staff—Award |
4F | Hospitality Industry (General) Award |
4C | Hydrocarbons Field Geologists Award |
3A | Labour Market Assistance Industry Award |
4D | Live Performance Award |
3B | Local Government Industry Award |
4F | Mannequins and Models Award |
1C | Manufacturing and Associated Industries and Occupations Award |
1E | Maritime Offshore Oil and Gas Award |
1C | Meat Industry Award |
3D | Pastoral Award |
2C | Passenger Vehicle Transportation Award |
1C | Pharmaceutical Industry Award |
1C | Poultry Processing Award |
1E | Professional Diving Industry (Industrial) Award |
1E | Professional Diving Industry (Recreational) Award |
1D | Rail Industry Award |
4F | Restaurant Industry Award |
2C | Road Transport (Long Distance Operations) Award |
2C | Road Transport and Distribution Award |
1D | Stevedoring Industry Award |
2A | Storage Services and Wholesale Award |
2C | Transport (Cash in Transit) Award |
1C | Vehicle Manufacturing, Repair, Services and Retail Award |
2C | Waste Management Award |
THIRD TRANCHE OF EXPOSURE DRAFTS TO BE FINALISED
(33 exposure drafts)
Group | Exposure draft title |
4D | Amusement, Events and Recreation Award |
4D | Broadcasting and Recorded Entertainment Award |
1D | Black Coal Mining Industry Award |
44C | Building and Construction General On-site Award |
3C | Dredging Industry Award |
4A | Educational Services (Teachers) Award |
4C | Electrical, Electronic and Communications Contracting Award |
3A | Fitness Industry Award |
4E | Food, Beverage and Tobacco Manufacturing Award |
4F | General Retail Industry Award |
2B | Health Professionals and Support Services Award |
2D | Horse and Greyhound Training Award |
3D | Horticulture Award |
4D | Journalists Published Media Award |
4C | Joinery and Building Trades Award |
3C | Marine Towage Award |
1E | Marine Tourism and Charter Vessels Award |
4C | Mobile Crane Hiring Award |
2B | Nurses Award |
3A | Miscellaneous Award |
4C | Plumbing and Fire Sprinklers Award |
3C | Ports, Harbours and Enclosed Water Vessels Award |
4E | Pest Control Industry Award |
4E | Professional Employees Award |
4D | Racing Clubs Events Award |
4F | Registered and Licensed Clubs Award |
3C | Seagoing Industry Award |
1A | Security Services Industry Award |
3D | Sugar Industry Award |
4A | Supported Employment Services Award |
1C | Textile, Clothing, Footwear and Associated Industries Award |
1C | Timber Industry Award |
3D | Wine Industry Award |
ATTACHMENT C—List of decisions issued as part of the 4 yearly review of modern awards
Citation | Description | Members | Date |
[2019] FWCFB 5078 | Award stage – group 4 awards – substantive issues – Aged Care Award 2010 | Ross J, Clancy DP, Lee C | 26/08/2019 |
[2019] FWCFB 5868 | Common issue - payment of wages - payments on termination of employment | Ross J, Gostencnik DP, Clancy DP, Lee C, Hunt C | 23/08/2019 |
[2019] FWCFB 5813 | 4 yearly review of modern awards – training costs – training arrangements for trainees | Gostencnik DP, Clancy DP, Harper-Greenwell C | 21/08/2019 |
[2019] FWCFB 5409 | 4 yearly review of modern awards – plain language project – determination of various issues | Ross J, Hatcher VP, Hunt C | 20/08/2019 |
[2019] FWCFB 5082 | Award stage - Funeral Industry Award - substantive issues determined | Sams DP, Bull DP, Cambridge C | 5/08/2019 |
[2019] FWCFB 5171 | Silviculture Award - allowances | Ross J, Clancy DP, Johns C | 29/07/2019 |
[2019] FWCFB 5146 | Common issue - payment of wages - payments on termination - outstanding awards | Ross J, Gostencnik DP, Clancy DP, Lee C, Hunt C | 26/07/2019 |
[2019] FWCFB 5144 | Leave to deal with family and domestic violence model term – Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 | Ross J, Hatcher VP, Spencer C | 25/07/2019 |
[2019] FWCFB 5154 | Plain language re-drafting - substitution of public holidays | Ross J, Hatcher VP, Hunt C | 25/07/2019 |
[2019] FWCFB 2912 | Graphic Arts, Printing and Publishing Award - classification of employees | Gostencnik DP, Clancy DP, Harper-Greenwell C | 22/07/2019 |
[2019] FWCFB 4559 | Gas Industry Award - meal breaks not taken, or interrupted - draft clause | Sams DP, Bull DP, Bissett C | 17/07/2019 |
[2019] FWCFB 4748 | Proposed Helicopter Aircrew Award | Hatcher VP, Hamilton DP, Simpson C | 8/07/2019 |
[2019] FWCFB 4368 | Review of annualised wage arrangement provisions in modern awards. | Hatcher VP, Dean DP, Saunders DP | 4/07/2019 |
[2019] FWCFB 4679 | Fast Food Industry Award - Award stage - substantive issues | Ross J, Masson DP, Lee C | 4/07/2019 |
[2019] FWCFB 3529 | Hair and Beauty Industry Award - award stage - substantive issues - rostering provisions | Catanzariti VP, Asbury DP, Lee C | 14/06/2019 |
[2019] FWCFB 3949 | Pharmacy Industry Award 2010 - substantive issues | Hatcher VP, Dean DP, Spencer C | 13/06/2019 |
[2019] FWCFB 3626 | Plain language re-drafting - General Retail Industry Award 2010 | Ross J, Hatcher VP, Hunt C | 3/06/2019 |
[2019] FWCFB 3347 | Alpine Resorts Award - substantive issues - coverage provisions - State Government Agencies Award | Hatcher VP, Dean DP, Riordan C | 14/05/2019 |
[2019] FWCFB 3064 | Common issue - part time employment and casual employment - Timber Industry Award 2010 | Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP | 8/05/2019 |
[2019] FWCFB 2634 | Real Estate Industry Award 2010 - substantive issues | Hatcher VP, Asbury DP, Gregory C | 1/05/2019 |
[2019] FWCFB 2910 | Seagoing Industry Award; Ports, Harbours and Enclosed Water Vessels Award and Marine Towage Award | Hatcher VP, Asbury DP, Cambridge C | 30/04/2019 |
[2019] FWCFB 1369 | Public holidays - Registered and Licenced Clubs Award | Hatcher VP, Hampton C, Johns C | 18/04/2019 |
[2019] FWCFB 2548 | Plain language re-drafting - standard clauses | Ross J, Hatcher VP, Hunt C | 16/04/2019 |
[2019] FWCFB 2108 | Common issue - part time employment and casual employment | Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP | 2/04/2019 |
[2019] FWCFB 1980 | Award stage - Sugar Industry Award - substantive issues | Asbury DP, Anderson DP, Mckenna C | 26/03/2019 |
[2019] FWCFB 349 | Penalty rates - Registered and Licensed Clubs Award and the Hospitality Industry (General) Award | Hatcher VP, Hampton C, Bissett C | 21/03/2019 |
[2019] FWCFB 1044 | Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Act 2018—Australian Government Industry Award 2016, modern enterprise awards and State reference public sector modern awards | Ross J, Hatcher VP, Hunt C | 28/02/2019 |
[2019] FWCFB 1206 | Plain language re-drafting – Pharmacy Industry Award 2010 – casual conversion clause | Ross J, Hatcher VP, Hunt C | 28/02/2019 |
[2019] FWCFB 1333 | Plain language re-drafting – standard absorption clause – take-home pay orders | Ross J, Hatcher VP, Hunt C | 28/02/2019 |
[2019] FWCFB 1289 | Review of annualised wage arrangement provisions in modern awards. | Hatcher VP, Dean DP, Saunders DP | 27/02/2019 |
[2019] FWCFB 272 | Award stage - Fast Food Industry Award 2010 - substantive issues - Ai Group claims | Ross J, Masson DP, Lee C | 20/02/2019 |
[2019] FWCFB 488 | Education Group - Professionals Award - medical research institutes | Catanzariti VP, Kovacic DP, Johns C | 30/01/2019 |
[2019] FWCFB 276 | Plain language re-drafting - Retail Award | Ross J, Hatcher VP, Hunt C | 18/01/2019 |
[2019] FWCFB 120 | Health Professionals and Support Services Award 2010 – substantive issues | Catanzariti VP, Booth DP, Cribb C | 9/01/2019 |
[2019] FWCFB 121 | Nurses Award 2010 – substantive issues. | Catanzariti VP, Booth DP, Cribb C | 9/01/2019 |
[2018] FWCFB 7874 | Hair and Beauty Industry Award - award stage - substantive issues - rostering provisions | Catanzariti VP, Asbury DP, Lee C | 28/12/2018 |
[2018] FWCFB 7433 | Common issue - abandonment of employment - awards varied | Hatcher VP, Gostencnik DP, Cribb C | 17/12/2018 |
[2018] FWCFB 7621 | Pharmacy Industry Award - substantive issue - APESMA Work Value Claim | Hatcher VP, Dean DP, Spencer C | 14/12/2018 |
[2018] FWCFB 7263 | Restaurant and Hospitality Awards – substantive issues | Ross J, Masson DP, Lee C | 12/12/2018 |
[2018] FWCFB 7447 | Plain language re-drafting - standard clauses - redundancy | Ross J, Hatcher VP, Hunt C | 11/12/2018 |
[2018] FWCFB 7347 | Award stage - Nurses Award - substantive issues | Catanzariti VP, Booth DP, Cribb C | 3/12/2018 |
[2018] FWCFB 7350 | Award stage - Health Professionals - substantive issues | Catanzariti VP, Booth DP, Cribb C | 3/12/2018 |
[2018] FWCFB 7145 | Award stage - group 3 awards - exposure drafts | Ross J, Hamberger SDP, Clancy DP | 23/11/2018 |
[2018] FWCFB 7210 | Award stage - group 2 - exposure drafts | Ross J, Hatcher VP, Hamberger SDP, Bull DP | 23/11/2018 |
[2018] FWCFB 6863 | Common issue - family friendly work arrangements - model term | Ross J, Hatcher VP, Spencer C | 20/11/2018 |
[2018] FWCFB 7007 | Group 1 - consultation obligations - Poultry, Meat and Manufacturing awards | Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C | 16/11/2018 |
[2018] FWCFB 6980 | Plain language re-drafting - Clerks - Private Sector Award 2010 | Ross J, Hatcher VP, Hunt C | 15/11/2018 |
[2018] FWCFB 6852 | Award stage - group 4 awards - award stage - exposure drafts | Ross J, Catanzariti VP, Gostencnik DP, Lee C, Cirkovic C | 13/11/2018 |
[2018] FWCFB 6709 | Plain language re-drafting – Restaurant Industry Award 2010 | Ross J, Hatcher VP, Hunt C | 8/11/2018 |
[2018] FWCFB 6711 | Plain language re-drafting – Hospitality Industry (General) Award 2010 | Ross J, Hatcher VP, Hunt C | 8/11/2018 |
[2018] FWCFB 6755 | Plain language re-drafting – Security Services Industry Award 2010 | Ross J, Hatcher VP, Hunt C | 8/11/2018 |
[2018] FWCFB 6781 | Plain language re-drafting – Cleaning Services Award 2010 | Ross J, Hatcher VP, Hunt C | 8/11/2018 |
[2018] FWCFB 6803 | Plain language re-drafting – Pharmacy Industry Award 2010 | Ross J, Hatcher VP, Hunt C | 8/11/2018 |
[2018] FWCFB 6850 | Plain language re-drafting – General Retail Industry Award 2010 | Ross J, Hatcher VP, Hunt C | 8/11/2018 |
[2018] FWCFB 6540 | Common issue - public holidays - part-day public holidays | Hatcher VP, Hampton C, Johns C | 7/11/2018 |
[2018] FWC 6596 | Restaurant Award - substantive issues - application for confidentiality order | Lee C | 30/10/2018 |
[2018] FWCFB 6665 | Penalty rates - General Retail Industry Award | Ross J, Hatcher VP, Lee C | 29/10/2018 |
[2018] FWCFB 6680 | Plain language re-drafting – reasonable overtime | Ross J, Hatcher VP, Hunt C | 29/10/2018 |
[2018] FWCFB 6368 | Award stage - group 3 awards - technical and drafting – outstanding issues | Ross J, Hamberger SDP, Clancy DP, Johns C | 15/10/2018 |
[2018] FWCFB 5897 - corrected | Penalty rates - General Retail Industry Award | Ross J, Hatcher VP, Lee C | 27/09/2018 |
[2018] FWCFB 5986 | Award stage - exposure drafts - technical and drafting issues - Group 2 awards - outstanding issues | Ross J, Hatcher VP, Hamberger SDP, Bull DP | 26/09/2018 |
[2018] FWCFB 5996 | Common issue - transitional provisions - Black Coal Mining Industry Award - accident pay | Kovacic DP, Bull DP, Bissett C | 26/09/2018 |
[2018] FWCFB 6019 | Construction awards – substantive matters | Hatcher VP, Hamilton DP, Gostencnik DP, Gregory C, Harper-Greenwell C | 26/09/2018 |
[2018] FWCFB 5753 | Family friendly working arrangements model term | Ross J, Hatcher VP, Spencer C | 25/09/2018 |
[2018] FWCFB 5846 | 4 yearly review of modern awards – common issues – part-time employment and casual employment | Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP | 21/09/2018 |
[2018] FWCFB 5749 | Plain language re-drafting – reasonable overtime | Ross J, Hatcher VP, Hunt C | 17/09/2018 |
[2018] FWCFB 5602 | Award stage - group 1 - technical and drafting | Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C | 12/09/2018 |
[2018] FWCFB 5553 | Plain language re-drafting - Clerks Award | Ross J, Hatcher VP, Hunt C | 6/09/2018 |
[2018] FWCFB 5504 | Plain language re-drafting - Pharmacy Industry Award | Ross J, Hatcher VP, Hunt C | 3/09/2018 |
[2018] FWCFB 4984 | Alpine Resorts Award 2010 - substantive issues - coverage | Hatcher VP, Dean DP, Riordan C | 27/08/2018 |
[2018] FWCFB 4735 | Payment of wages – payments on termination model term | Ross J, Booth DP, Clancy DP, Cribb C, Hunt C | 15/08/2018 |
Decision | Proposed Norfolk Island Interim Award 2018 – State based difference terms | Ross J, Hatcher VP, Saunders C | 15/08/2018 |
[2018] FWCFB 4704 | Plain language re-drafting - standard clause H - redundancy | Ross J, Hatcher VP, Hunt C | 14/08/2018 |
FWCFB 4709 | Legal Services Award - substantive issues | Gostencnik DP, Clancy DP, Cirkovic C | 13/08/2018 |
[2018] FWCFB 4695 | Common issues - part time employment and casual employment | Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP | 9/08/2018 |
[2018] FWCFB 4175 | Award stage – exposure drafts – Group 4 awards – further decision | Ross J, Catanzariti VP, Gostencnik DP, Lee C, Cirkovic C | 7/08/2018 |
[2018] FWCFB 4468 | Plain language re-drafting – Hospitality Award | Ross J, Hatcher VP, Hunt C | 3/08/2018 |
[2018] FWCFB 4496 | Plain language re-drafting - Restaurant Award | Ross J, Hatcher VP, Hunt C | 3/08/2018 |
[2018] FWCFB 4177 | Plain language re-drafting - Standard clauses - E.1 and G | Ross J, Hatcher VP, Hunt C | 18/07/2018 |
[2018] FWCFB 3566 | Common issue - payment of wages | Ross, J | 17/07/2018 |
[2018] FWCFB 3914 | Fitness Industry Award 2010 – classification definitions - swim industry teachers and coaches | Sams DP, Dean DP, McKenna C | 9/07/2018 |
[2018] FWCFB 3936 | Family and Domestic Violence Leave – Determination of Model Term for Unpaid Leave | Ross J, Hatcher VP, Spencer C | 6/07/2018 |
[2018] FWCFB 3802 | Award stage – group 1 awards – technical and drafting matters – outstanding issues | Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C | 28/06/2018 |
[2018] FWCFB 3528 | Variation to the Road Transport and Distribution Award 2010 to extend award coverage to the vehicle relocation industry - whether any further modifications to the Road Transport Award should be made - two-year transitional period to be introduced | Hamberger SDP, Sams DP, Lee C | 15/06/2018 |
[2018] FWCFB 3009 | Plain language re-drafting - standard clauses | Ross J, Hatcher VP, Hunt C | 13/06/2018 |
[2018] FWCFB 3085 | Common issue – time off instead of payment for overtime – Broadcasting Award – Journalists Award | Ross J, Kovacic DP, Lee C | 1/06/2018 |
[2018] FWCFB 3133 | Transport Awards - substantive issues - variation to the Road Transport and Distribution Award to extend award coverage to vehicle relocation industry | Hamberger SDP, Sams DP, Lee C | 31/05/2018 |
[2018] FWCFB 2559 | Plain language re-drafting - Restaurant Award – award-specific clauses. | Ross J, Hatcher VP, Hunt C | 21/05/2018 |
[2018] FWCFB 2710 | Plain language re-drafting - Hospitality Award – award-specific clauses. | Ross J, Hatcher VP, Hunt C | 21/05/2018 |
[2018] FWCFB 2797 | Fast Food Award - objection to participation in review proceedings | Ross J, Masson DP, Lee C | 21/05/2018 |
[2018] FWCFB 1691 | Family and Domestic Violence Leave – Determination of Model Term for Unpaid Leave | Ross J, Gooley DP, Spencer C | 26/03/2018 |
[2018] FWCFB 1692 | Family friendly working arrangements – claim by ACTU – s.65 Fair Work Act 2009 – right to request – provisional model term proposed | Ross J, Gooley DP, Spencer C | 26/03/2018 |
[2018] FWCFB 1548 | Award stage - Group 4 awards - technical and drafting - substantive matters. | Ross J, Catanzariti VP, Gostencnik DP, Lee C, Cirkovic C | 21/03/2018 |
[2018] FWCFB 1532 | Real Estate Industry Award 2010 - substantive matters - further decision | Hatcher VP, Asbury DP, Gregory C | 16/03/2018 |
[2018] FWCFB 1405 | Award stage - group 3 awards - outstanding technical and drafting issues | Ross J, Hamberger SDP, Clancy DP, Johns C | 13/03/2018 |
[2018] FWCFB 4 | Common issue - public holidays | Hatcher VP, Hampton C, Johns C | 2/03/2018 |
[2018] FWC 1117 | Plain language re-drafting – Cleaning Services Award 2010 | Ross, J | 21/02/2018 |
[2018] FWCFB 1087 | Higher Education Industry – Academic Staff – Award 2010 and Higher Education Industry – General Staff – Award 2010 – substantive issues in Education Group | Catanzariti VP, Kovacic DP, Johns C | 20/02/2018 |
[2018] FWCFB 154 | Review of annualised wage arrangement provisions in modern awards | Hatcher VP, Dean DP, Saunders C | 20/02/2018 |
[2018] FWCFB 354 - correction | Real Estate Industry Award 2010 - substantive matters - correction | Hatcher VP, Asbury DP, Gregory C | 31/01/2018 |
[2018] FWCFB 354 - correction | Real Estate Industry Award 2010 - substantive matters - correction | Hatcher VP, Asbury DP, Gregory C | 25/01/2018 |
[2018] FWCFB 139 | Common issue - Abandonment of employment | Hatcher VP, Gostencnik DP, Cribb C | 23/01/2018 |
[2018] FWCFB 354 | Real Estate Industry Award 2010 - substantive matters | Hatcher VP, Asbury DP, Gregory C | 17/01/2018 |
[2018] FWCFB 129 | Alleged NES inconsistencies - Seagoing Award - vessels granted temporary licence - maximum weekly hours | Hatcher VP, Hamberger SDP, Bissett C | 12/01/2018 |
[2017] FWCFB 6947 | Horticulture Award 2010 – substantive issues. | Catanzariti VP, Sams DP, Saunders C | 22/12/2017 |
[2017] FWCFB 6034 | Penalty rates - application by Restaurant and Catering Industrial | Hatcher VP, Catanzariti VP, Lee C | 24/11/2017 |
[2017] FWCFB 6181 | Common issue - part time and casual employment | Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP | 24/11/2017 |
[2017] FWCFB 6037 | Horticulture Award 2010 - substantive issues - award coverage - retrospective variation | Catanzariti VP, Sams DP, Saunders C | 16/11/2017 |
[2017] FWCFB 5788 | Common issue - award flexibility - time off instead of payment for overtime - Pastoral and Horticultural Awards | Ross J, Kovacic DP, Lee C | 8/11/2017 |
[2017] FWCFB 5536 | Award stage - Group 3 awards - exposure drafts - technical and drafting | Ross J, Hamberger SDP, Clancy DP, Johns C | 30/10/2017 |
[2017] FWCFB 5397 | Plain language - Restaurant Industry Award - re-drafting of award-specific clauses | Ross J, Hatcher DP, Hunt C | 24/10/2017 |
[2017] FWCFB 5394 | Annual leave - Black Coal Mining Industry Award | Ross J, Kovacic DP, Hampton C | 19/10/2017 |
[2017] FWCFB 5258 | Plain language re-drafting - standard clauses | Ross J, Hatcher VP, Hunt C | 18/10/2017 |
[2017] FWCFB 4621 | Blood donor leave | Hatcher VP, Clancy DP, Spencer C | 5/09/2017 |
[2017] FWCFB 4419 | Plain language - standard clauses | Ross J, Hatcher VP, Hunt C | 28/08/2017 |
[2017] FWCFB 4447 | Plain language re-drafting - tranche 2 awards | Ross J, Hatcher VP, Hunt C | 28/08/2017 |
[2017] FWCFB 4174 | National Training Wage Schedule - Miscellaneous Award - plain language re-drafting | Ross J, Hatcher VP, Hunt C | 15/08/2017 |
[2017] FWCFB 4029 | Pharmacy Industry Award 2010 - substantive issues - consultation as per draft determination - amended operative date | Hatcher VP, Dean DP, Spencer C | 1/08/2017 |
AM2016/6 - | Real Estate Industry Award 2010 - substantive issues | Hatcher VP, Asbury DP, Gregory C | 6/07/2017 |
[2017] FWCFB 1913 | Proposed substantive variations - Road Transport Distribution and Long Distance Operations awards | Hamberger SDP, Sams DP, Lee C | 6/07/2017 |
[2017] FWCFB 3433 | Award stage - exposure drafts - group 3 awards | Ross J, Hamberger SDP, Clancy DP, Roe C, Johns C | 6/07/2017 |
[2017] FWCFB 3540 | Pharmacy Industry Award 2010 - substantive issues | Hatcher VP, Dean DP, Spencer C | 5/07/2017 |
[2017] FWCFB 3541 (pdf) | Common issues - part-time employment and casual employment | Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP, Roe C | 5/07/2017 |
Decision | Common issues - part-time employment and casual employment | Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP, Roe C | 5/07/2017 |
[2017] FWCFB 3494 | Common issue - family and domestic violence leave clause | Gooley DP, Spencer C | 3/07/2017 |
[2017] FWC 3480 | Family and domestic violence leave clause - reconstitution of Full Bench | Ross J | 30/06/2017 |
[2017] FWCFB 3438 | Vehicle Manufacturing, Repair, Services and Retail Award 2010 - casual console operators | Hatcher VP, Cribb C, Bissett C | 28/06/2017 |
[2017] FWCFB 3334 | Penalty rates - hospitality and retail sectors - transitional arrangements - determinations | Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C | 21/06/2017 |
[2017] FWCFB 3337 | Plain language project - Pharmacy Industry Award 2010 - plain language drafting issues | Ross J, Hatcher VP, Hunt C | 21/06/2017 |
[2017] FWCFB 3135 | Graphic Arts, Printing and Publishing Award 2010 - coverage of metropolitan daily newspapers - annual leave - jury service - redundancy - personal leave | Gostencnik DP, Clancy DP, Roe C | 9/06/2017 |
[2017] FWCFB 3176 | National Training Wage schedule - reference term - next steps | Ross J, Hatcher VP, Hunt C | 9/06/2017 |
[2017] FWCFB 3177 | Award stage - group 1 technical and drafting issues - Manufacturing and Associated Industries and Occupations Award 2010 - Professional Diving Industry (Industrial) Award 2010 | Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C | 9/06/2017 |
[2017] FWCFB 3001 | Penalty rates - hospitality and retail sectors - transitional arrangements | Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C | 5/06/2017 |
[2017] FWC 2752 | Common issue - family and domestic violence leave - reconstitution of Full Bench | Ross J | 18/05/2017 |
AM2015/6 - | Educational Services (Teachers) Award 2010 - annual leave - insertion of model terms | Catanzariti VP, Kovacic DP, Johns C | 26/04/2017 |
[2017] FWCFB 959 | Annual leave - timing of taking leave - shutdown provision - Black Coal Mining Industry Award 2010 | Ross J, Kovacic DP, Hampton C | 27/03/2017 |
[2017] FWCFB 1612 | Plain language drafting issues - Pharmacy Industry Award 2010 | Ross C, Hatcher VP, Hunt C | 21/03/2017 |
[2017] FWCFB 1551 | Hospitality and retail sectors - late night penalties - public holiday penalty rates | Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C | 17/03/2017 |
[2017] FWCFB 1133 | Common issue - family and domestic violence leave clause | Watson VP | 27/02/2017 |
AM2016/5 - | Port authorities - coverage of award - changes to classifications - Fair Work Act 2009, ss. 134, 138, 156, 163 | Watson VP, Gooley DP, Cambridge C | 24/02/2017 |
[2017] FWCFB 1001 (html) | Penalty rates - hospitality and retail sectors | Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C | 23/02/2017 |
[2017] FWCFB 1001 (pdf) | Penalty rates - hospitality and retail sectors | Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C | 23/02/2017 |
AM2016/26 - | Rail Industry Award 2010 - substantive issues - rates of pay for work on a Saturday - definition of Level 9 Clerical, Administrative and Professional classification | Hamberger SDP, Sams DP, Cambridge C | 17/02/2017 |
[2017] FWCFB 584 | Black Coal Mining Industry Award - industry-specific redundancy scheme | Hatcher VP, Hamberger SDP, Gostencnik DP, Johns C | 27/01/2017 |
[2017] FWCFB 344 | Plain language drafting - guidelines - Pharmacy Industry Award | Ross J, Hatcher VP, Hunt C | 20/01/2017 |
[2016] FWCFB 9074 | Common issue - annual leave - timing of taking of leave - Maritime Industry awards and others - insertion of model terms - variation determinations | Ross J, Kovacic DP, Hampton C | 19/12/2016 |
[2016] FWCFB 8747 | Animal Care and Veterinary Services Award - substantive issues - introduction of diploma qualified classification | Watson VP, Gooley DP, Circkovic C | 16/12/2016 |
[2016] FWCFB 7737 | Common issue - award flexibility - time off instead of payment for overtime - TOIL at overtime rate - award specific issues | Ross J, Kovacic DP, Lee C | 13/12/2016 |
[2016] FWCFB 8463 | Common issue - payment of wages - penalty for late payment - annual leave loading | Ross J, Booth DP, Clancy DP, Cribb C, Hunt C | 1/12/2016 |
[2016] FWCFB 8025 | Fire Fighting Award 2010 - variation to permit part-time employment | Ross J, O'Callaghan SDP, Wilson C | 15/11/2016 |
[2016] FWCFB 6841 | Common issue - transitional provisions - Black Coal Mining Industry Award - accident pay | Watson VP, Kovacic DP, Bull C | 17/10/2016 |
[2016] FWCFB 7254 | Group 2 awards - award stage - exposure drafts | Ross J, Hatcher VP, Hamberger SDP, Bull DP, Roe C | 10/10/2016 |
[2016] FWCFB 6836 | Common issue - annual leave - timing of taking of leave - Maritime Industry awards - insertion of model terms | Ross J, Kovacic DP, Hampton C | 22/09/2016 |
[2016] FWCFB 5941 | Gas Industry Award - availability duty | Watson VP, Drake SDP, Cambridge C | 20/09/2016 |
[2016] FWCFB 6255 | Concrete Products Award - penalty rates for shiftworkers for work performed on Sundays and public holidays | Hatcher VP, O'Callaghan SDP, Cribb C | 9/09/2016 |
[2016] FWCFB 6178 | Common issue - award flexibility - time off instead of payment for overtime - award specific issues | Ross J, Kovacic DP, Lee C | 31/08/2016 |
[2016] FWCFB 4418 | Vehicle Manufacturing, Repair, Services and Retail Award 2010 - proposal to move vehicle manufacturing sector to Manufacturing Award | Hatcher VP, O'Callaghan SDP, Cribb C | 16/08/2016 |
AM2016/7 - | Wine Industry Award 2010 - substantive issues - meal allowance | O'Callaghan SDP, Sams DP, Hampton C | 15/07/2016 |
[2016] FWCFB 4579 | Common issue - award flexibility - time off in lieu of payment for overtime | Ross J, Kovacic DP, Lee C | 11/07/2016 |
[2016] FWCFB 4258 | Common issue - award flexibility - time off instead of payment for overtime - finalisation of plain language model term | Ross J, Kovacic DP, Lee C | 8/07/2016 |
[2016] FWCFB 4392 | Common issue - annual leave - form of the cashing out term to be inserted into the Security Services Industry Award 2010 | Ross J, Kovacic DP, Hampton C | 8/07/2016 |
[2016] FWCFB 4393 | Pastoral Award 2010 - ‘learner shearers’ | Ross J, Kovacic DP, Saunders C | 8/07/2016 |
[2016] FWCFB 3953 | Common issue - annual leave - draft determinations - finalisation of plain language re-drafts - confirmation of provisional views | Ross, J, Kovacic DP, Hampton C | 24/06/2016 |
[2016] FWCFB 3177 | Annual leave common issue - insertion of model terms into particular modern awards - excessive annual leave - cashing out of annual leave - granting leave in advance - EFT and paid annual leave - plain language redrafts | Ross J, Kovacic DP, Hampton C | 23/05/2016 |
Bench [2016] FWCFB 2479 | Common issue - casual employment and part-time employment - tender of witness statements rejected | Hatcher VP, Hamberger SDP, Kovacic DP, Bull DP, Roe C | 4/05/2016 |
[2016] FWCFB 2602 | Award flexibility common issue - time off in lieu of payment for overtime | Ross J, Kovacic DP, Roberts C | 24/04/2016 |
[2016] FWCB 1294 | Manufacturing and Associated Industries and Occupations Award 2010 and Electrical Power Industry Award 2010 - application to insert electrical licence allowance | Hamberger SDP, Sams DP, Roe C | 3/03/2016 |
[2016] FWCFB 597 | Award stage - Concrete Products Award 2010 - AWU claim | Hatcher VP, O'Callaghan, Cribb C | 19/02/2016 |
[2016] FWCFB 965 | Penalty rates - admissibility of Productivity Commission Report | Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C | 12/02/2016 |
[2016] FWCFB 191 | Alleged NES Inconsistencies - Pastoral Award 2010, Building and Construction General On-site Award 2010 and Plumbing and Fire Sprinklers Award 2010 | Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C | 11/01/2016 |
[2015] FWCFB 8810 | Pastoral Award 2010 - substantive issues - crutching rates for rams and ram stags - learner shearers - coverage - annualised salaries - woolclassers formula | Ross J, Kovacic DP, Saunders C | 24/12/2015 |
[2015] FWC 8420 | Penalty rates - Orders for the production of documents - claim of legal professional privilege - waiver of privilege | Johns C | 4/12/2015 |
[2015] FWCFB 7236 | Exposure Drafts - Group 1C, 1D and 1E awards | Ross J, Hatcher VP, Hamberger SDP, Bull C, Bissett C | 23/10/2015 |
[2015] FWCFB 5585 | Family and domestic violence common issue - family friendly work arrangements common issue - preliminary and jurisdictional issues | Hatcher VP, Acton SDP, Spencer C | 22/10/2015 |
[2015] FWCFB 6847 | Award flexibility common issue - time off in lieu of payment for overtime - model term | Ross J, Kovacic DP, Roberts C | 6/10/2015 |
[2015] FWCFB 6656 | Absorption clause - casual loading | Ross J, Hatcher VP, Hamberger SDP, Bull DP, Bissett C | 30/09/2015 |
[2015] FWCFB 6509 | Objections to expert evidence | Ross J, Catanzariti VP, Asbury DP, Hampton C, Lee C | 21/09/2015 |
[2015] FWCFB 5771 | Annual leave common issue - finalisation of model terms - excessive annual leave - cashing out of annual leave - granting leave in advance - purchased leave | Ross J, Kovacic DP, Hampton C | 15/09/2015 |
[2015] FWC 6385 | Penalty rates - orders for the production of documents - claim of legal professional privilege - waiver of privilege | Johns C | 12/09/2015 |
[2015] FWCFB 3523 | Common issue - Transitional provisions - Accident Make-up Pay | Boulton J, Kovacic DP and Bull C | 18/08/2015 |
[2015] FWCFB 4466 | Common issue - Award flexibility | Ross J, Smith DP, Roberts C | 16/07/2015 |
[2015] FWCFB 4658 | Award stage - drafting and technical issues - ordinary hourly rate of pay | Ross J, Hatcher VP, Hamberger SDP, Bissett C, Bull C | 13/07/2015 |
[2015] FWCFB 3406 | Common issue - Annual leave | Ross J, Harrison SDP, Hampton C | 11/06/2015 |
[2015] FWCFB 1729 | Substantive issues - Stevedoring Industry Award 2010 | Watson VP, Kovacic DP and Roe C | 14/05/2015 |
[2015] FWCFB 2831 | Substantive issues - Textile, Clothing, Footwear and Associated Industries Award 2010 | Watson SDP, O'Callaghan SDP and Cribb C | 11/05/2015 |
[2015] FWCFB 3023 | Alleged NES Inconsistencies | Ross J, Hatcher VP, Hamberger SDP, Bissett C and Bull C | 8/05/2015 |
[2015] FWCFB 2575 | Common issue - Transitional provisions - Accident pay and district allowances - Applications for take home pay orders | Boulton J, Kovacic DP and Bull C | 15/04/2015 |
[2015] FWCFB 1549 | CFMEU proposed term - payment of wages - Andrews legal point - amended | Hatcher VP, Hamberger SDP, Gostencnik DP and Johns C | 11/03/2015 |
[2015] FWCFB 644 | Common issue - Transitional provisions | Boulton J, Kovacic DP and Bull C | 11/02/2015 |
[2014] FWCFB 9412 | Award stage - exposure drafts Group 1A and 1B - General drafting - alleged inconsistencies with NES | Ross J, Hatcher VP, Hamberger SDP, Bissett C, Bull C | 23/12/2014 |
[2014] FWCFB 9429 | Transitional provisions - take-home pay orders | Boulton J, Kovacic DP, Bull C | 23/12/2014 |
[2014] FWCFB 9156 | Common issues - Apprentice conditions | Boulton J, Harrison SDP, Roe C | 17/12/2014 |
[2014] FWCFB 7767 | Common issues - Transitional provisions | Boulton J, Kovacic DP, Bull C | 31/10/2014 |
[2014] FWCFB 1788 | Preliminary jurisdictional issues | Ross J, Hatcher VP, Acton SDP, Hamberger SDP, Hampton C | 17/03/2014 |
ATTACHMENT D – draft variation determinations
Note that these lists do not contain the Hair and Beauty Award, the Fast Food Award, the Social, Community Home Care and Disability Services Industry Award, the Children’s Services Award or the Aged Care Award.
The above awards will be the subject of the plain language re-drafting process.
FIRST TRANCHE OF EXPOSURE DRAFTS TO BE FINALISED
(40 exposure drafts)
Group | Exposure draft title | Draft Determination | Tracked ED |
1B | Aluminium Industry Award | MA000098 | MA000098 |
1A | Ambulance and Patient Transport Industry Award | MA000060 | MA000060 |
2B | Animal Care and Veterinary Services Award | MA000118 | MA000118 |
2A | Aquaculture Industry Award | MA000114 | MA000114 |
3A | Banking, Finance and Insurance Award | MA000019 | MA000019 |
4D | Book Industry Award | MA000078 | MA000078 |
33A | Business Equipment Award | MA000021 | MA000021 |
4E | Car Parking Award | MA000095 | MA000095 |
1B | Cement, Lime and Quarrying Award *Quarrying Award | MA000055 MA000037 | MA000055 |
4E | Cemetery Industry Award | MA000070 | MA000070 |
3C | Coal Export Terminals Award | MA000045 | MA000045 |
2D | Corrections and Detention (Private Sector) Award | MA000110 | MA000110 |
1A | Cotton Ginning Award | MA000024 | MA000024 |
3C | Electrical Power Industry Award | MA000088 | MA000088 |
2D | Fire Fighting Industry Award | MA000111 | MA000111 |
4E | Funeral Industry Award | MA000105 | MA000105 |
3D | Gardening and Landscaping Services Award | MA000101 | MA000101 |
2A | Graphic Arts, Printing and Publishing Award | MA000026 | MA000026 |
1E | Hydrocarbons Industry (Upstream) Award | MA000062 | MA000062 |
3A | Legal Services Award | MA000116 | MA000116 |
3A | Market and Social Research Award | MA000030 | MA000030 |
2B | Medical Practitioners Award | MA000031 | MA000031 |
1D | Mining Industry Award | MA000011 | MA000011 |
3D | Nursery Award | MA000033 | MA000033 |
1D | Oil Refining and Manufacturing Award | MA000072 | MA000072 |
2B | Pharmacy Industry Award | MA000012 | MA000012 |
3C | Port Authorities Award | MA000051 | MA000051 |
1B | Premixed Concrete Award | MA000057 | MA000057 |
2D | Racing Industry Ground Maintenance Award | MA000014 | MA000014 |
3A | Real Estate Industry Award | MA000106 | MA000106 |
1B | Salt Industry Award | MA000107 | MA000107 |
2A | Seafood Processing Award | MA000068 | MA000068 |
3D | Silviculture Award | MA000040 | MA000040 |
3A | Sporting Organisations Award | MA000082 | MA000082 |
3B | State Government Agencies Award | MA000121 | MA000121 |
4C | Surveying Award | MA000066 | MA000066 |
3A | Telecommunications Services Award | MA000041 | MA000041 |
4D | Travelling Shows Award | MA000102 | MA000102 |
4E | Water Industry Award | MA000113 | MA000113 |
1C | Wool Storage, Sampling and Testing Award | MA000044 | MA000044 |
1 [2019] FWCFB 5409.
2 The exposure drafts for Fire Fighting and Nurses were published on 22 February 2019.
3 The exposure drafts for Pastoral and Horticulture were published on 15 March 2019.
4 The exposure drafts for Mannequins, Registered and Licensed Clubs, Fast Food and General Retail were not published in line with this process. The exposure draft for Live Performance was published on 5 April 2019.
5 [2019] FWC 932.
6 Aged Care Employers submission, 15 April 2019 at paras 8-9 regarding typographical error at clause 32.1(e).
7 FAAA submission, 23 April 2019 at para 18 regarding typographical error at Sched B.1.2(a).
8 AMWU submission, 5 April 2019 at para 11 regarding cross referencing error at clause 29A.6(b).
9 United Voice submission, 13 March 2019 at p.1 regarding typographical error at example 1 in clause 23.3.
10 CFMMEU submission, 13 March 2019 regarding typographical error at clause 7.1(c).
11 AMIEU submission, 15 March 2019 at para 15 regarding typographical error at clause 8.3(d).
12 ABI submission, 13 March 2019 at para 27 regarding typographical error at clause 3.2.
13 ABI submission, 13 March 2019 at paras 50-51 regarding typographical error n Sched C.3.2 and cross referencing error in Sched F.5.8 at paras 46-49.
14 ABI submission, 15 March 2019 at para 7 regarding typographical error at clause 24.9(j).
15 ANMF submission, 27 March 2019 at para 2 regarding typographical error at clause 15.3(b) and (c).
16 NatRoad submission, 4 March 2019 at paras 6, 7 14 and 15 regarding typographical and formatting errors at clauses 3.3, 6.3, 11A.1 and 11.7.
17 AMWU submission, 13 March 2019 at para 7 regarding typographical error at 12.3(c).
18 ABI submission, 29 March 2019 at para 9 regarding typographical error at clause 7.8.
19 CPSU submission, 29 March 2019 at para 3 regarding formatting error at clause 8.4(b).
20 REEF submission, 27 March 2019 and RESA submission 1 April 2019 regarding a number of formatting and typographical errors.
21 Group of 8 Universities submission, 5 April 2019.
22 LGA submission, 5 April 2019 at para 9-10 regarding cross referencing error at clause 23.6.
23 ABI submission, 29 March 2019 at para 25 and NFF submission at p.1 regarding cross referencing error at clauses 6.7(b)(i) and 30.1(a).
24 ABI submission, 12 April 2019 at para 3.1(a) regarding cross referencing error in Sched C.1.1.
25 ABI submission, 12 April 2019 at para 4.1(a) regarding cross referencing error in Sched C.1.
26 ABI submission, 12 April 2019 at paras 2.1-2.2 regarding cross referencing error at clause 27A.7(a) and typographical error in Sched F.1.1.
27 ABI submission, 12 April 2019 at paras 5.1-5.2 regarding cross referencing errors at clause 27A.7(a) and in Sched C.1.
28 AHA submission, 26 April 2019 at p.1 regarding typographical errors at clauses 6A.3 and 15.1(d).
29 [2019] FWCFB 3500.
30 [2019] FWCFB 5409.
31 [2019] FWCFB 5144.
32 [2019] FWCFB 5146 and [2019] FWCFB 5868.
33 [2019] FWCFB 2548.
34 [2019] FWCFB 5145.
35 Ai Group submission, 9 May 2019 Plain Language re-drafting – light touch.
36 Note that the Full Bench in a December 2014 decision determined to make variations to existing modern awards during the Review, rather than ‘superseding’ awards. See [2014] FWCFB 9412 at [7]–[9].
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