4 yearly review of modern awards

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) brought an application to review the Concrete Products Award 2010 under the Fair Work Act 2009. The dispute centred around the award's provisions and whether they complied with the Act and relevant legislative criteria. The Full Bench of the Fair Work Commission was tasked with determining the legal issues presented.

The court had to decide if the award's provisions were consistent with the Fair Work Act and other relevant legislation. This included examining whether the award provided for appropriate minimum rates of pay, penalty rates, leave entitlements, and other employment conditions. The CFMEU argued that certain provisions in the award were inconsistent with the Act and should be amended.

The Commission found that while many provisions of the award were consistent with the Fair Work Act, there were several provisions that needed to be amended to align with the Act. The Commission also determined that the award should be backdated to reflect the correct rates of pay and entitlements. The Commission issued an order that the award be amended and that it would come into effect on a specified date, with retrospective application to ensure employees received the correct remuneration and entitlements.

The final orders included specific amendments to the award to bring it into compliance with the Fair Work Act. The award was to be backdated, and the parties were directed to take steps to ensure that employees received the correct remuneration and entitlements from the effective date of the amended award.