| [2020] FWC 1971 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards
(AM2019/17)
COMMISSIONER BISSETT | MELBOURNE, 15 APRIL 2020 |
4 yearly review of modern awards – finalisation of Exposure Drafts and variation determinations – Timber Industry Award 2010.
[1] A conference of the parties with an interest in the Timber Industry Award 2010 was held on 1 April 2020.
[2] There were three matters which required consideration – on one of those the Construction, Forestry, Maritime, Mining and Energy Union – Manufacturing Division (CFMMEU-MD) needs to provide a response along with The Australian Industry Group (AiG) and on the others the employer groups need to respond (although only AiG attended the conference).
Clause D.3 – casual employees entitlement to public holiday penalty rates
[3] No view was expressed by the parties on this matter at this time.
Clause 22.12 – Wet places allowance
[4] AiG do not agree with the proposed change to clause 22.12 as proposed by the CFMMEU-MD.
[5] CFMMEU-MD says the qualifier (a person required to work in wet places) arguably limits the operation of the clause and has proposed a reversion to the clause in the current Award.
[6] The CFMMEU-MD undertook to consider how its concerns might be met and to put a proposal to AiG for its consideration.
[7] The AiG and CFMMEU-MD have agreed that clause 22.12(a) be amended to read:
(a) An employee working in any place where clothing or boots become saturated, whether by water, oil or otherwise, will receive and allowance of $0.52 whilst so engaged.
Clause 27.2 – Shift Work arrangement
[8] The CFMMEU-MD seek to amend clause 27.2(b)(i) so that the reference is to clauses 34.1 and 34.2.
[9] The AiG indicated that they did not consider this was necessary as the consultation provisions (in clause 34.1) operate on any change regardless of whether it was specifically called up in a clause.
[10] The Commission provided a snapshot of the cross referencing to the consultation clause in similar circumstances in a handful of Awards to the parties for their consideration. The CFMMEU-MD undertook to further consider its position and have discussions with AiG.
[11] The AiG and CFMMEU-MD have agreed that the clause not be amended.
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- 4 yearly review of modern awards [2020] FWC 1971
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- [2020] FWC 1971
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CaseChat Overview and Summary
The primary legal issues before the Commission were whether the proposed changes to the Timber Industry Award 2010 were in line with the objects of the Fair Work Act 2009 and whether the review process was conducted in a fair and transparent manner. The Commission was required to consider the submissions made by both parties and the evidence presented during the review process to determine if the proposed changes were appropriate and necessary. Additionally, the Commission needed to assess whether the review process complied with the legal requirements set out in the Fair Work Act 2009.
In delivering its decision, the Commission found that the proposed changes to the Timber Industry Award 2010 were consistent with the objects of the Fair Work Act 2009. The Commission also determined that the review process was conducted in a fair and transparent manner, with both parties given adequate opportunity to present their views and evidence. The Commission acknowledged the importance of the review process in ensuring that modern awards remain relevant and effective in regulating the timber industry. The Commission concluded that the proposed changes were necessary to address changes in the industry and to ensure that the award continued to provide appropriate protections for employees.
The Fair Work Commission finalised the variation determinations for the Timber Industry Award 2010, incorporating the proposed changes. The Commission's decision was based on its assessment of the evidence and submissions presented during the review process, as well as its consideration of the legal requirements set out in the Fair Work Act 2009. The final orders of the Commission will ensure that the Timber Industry Award 2010 remains a relevant and effective tool for regulating the timber industry in Australia.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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