4 yearly review of modern awards

[2019] FWC 1262

[2019] FWC 1262

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/1)

JUSTICE ROSS, PRESIDENT MELBOURNE, 28 FEBRUARY 2019

4 yearly review of modern awards – status – publication of exposure drafts – substantive claims – plain language project.

[1] Since January 2014 the Commission has been conducting the 4 yearly review of modern awards (the Review) in accordance with s.156 of the Fair Work Act (2009) (the Act). 1 The Review is a large and complex piece of work which has been conducted in three stages—an initial stage to deal with any jurisdictional issues, an award stage where each award is reviewed in its own right and a common issues stage where claims that affect all or a number of awards are dealt with by a Full Bench.

[2] This Statement provides an overview of three procedural Statements that have been published recently relating to the scheduling and process for finalising the Review during 2019. It is anticipated that the Review will be completed at the end of October 2019, and modern awards will be varied in line with finalised exposure drafts at that time.

Award Stage and Exposure Drafts

[3] A Statement issued on 13 February 2019 2 set out a timeline for the finalisation of exposure drafts for 2019. Three updates will be made each exposure draft in Groups 1–4 throughout 2019, and the Statement sets out the dates on which each group of exposure drafts will be re-published by the Commission. The timeline also provides the dates on which interested parties will be required to file any submissions relating to each group of exposure drafts. An amendment has been made regarding the publication dates for the exposure drafts in Groups 3 and 4. A copy of that timeline, with updated dates, is attached to this Statement.

Substantive claims in modern awards

[4] There are a number of Full Benches currently constituted as part of the Review to hear matters in which parties are seeking substantive changes to modern awards.

[5] On 24 December 2018 a Statement 3 was issued providing an update about the status of the Full Benches that are dealing with substantive claims. Interested parties were provided an opportunity to comment on a provisional timetable attached to the Statement, outlining when specific matters may be timetabled throughout 2019. On 6 February 2019, a Statement4 was issued finalising this timetable. The timetable has been published on the Commission’s website. The timetable will be updated when directions are issued or varied, and when hearing dates are listed. A copy of the timetable is on the dedicated Timetable page of the 4 yearly review section of the Commission’s website.

Plain Language Project

[6] A Statement was issued today providing an update about the current status of the matters that are before the Plain Language Full Bench and about the next steps in the plain language project, including the awards that have been identified for plain language re-drafting during 2019.

[7] The Statement also provides information regarding a process called the ‘plain language light touch’. Each exposure draft will go through this process, and the timeline attached to this Statement notes that the relevant updates to the exposure drafts will occur during May 2019.

[8] The Statement also provides directions for resolving a number of issues that have been referred to the Plain Language Full Bench from the award stage of the Review. These issues include the following:

•  Annual, weekly and hourly rates in minimum wages tables

•  Cross-references in coverage clauses

•  Occupational health and safety references

•  Substitution of public holidays

•  Reasonable overtime

•  National Training Wage

•  Terminology of rates

•  Take home pay and absorption clause

•  Spread of hours

•  Shutdown provisions

•  Hourly rates of pay schedules – minimum hourly rate and percentage of ordinary hourly rate

[9] Interested parties should refer to the Statement [2019] FWCFB 1255 for further detail regarding the directions and submission deadlines relating to the above issues.

Conferences

[10] I propose to convene a conference on Wednesday, 3 April 2019 at 9:30am in Sydney to deal with any questions regarding the scheduling and process for finalising the Review. Parties are asked to file a short written submission by no later than 4:00pm Wednesday 27 March 2019 stating any issues or questions they wish to raise at the conference.

[11] A further conference on Monday 29 April 2019 inSydneywill deal with the scope of the light touch process. An example of an exposure draft that has been through the process will be published in the week commencing 1 April 2019. Parties are asked to file a short written submission by no later than 4:00pm Monday, 22 April 2019 stating any issues or questions they wish to raise at the conference.

[12] Notices of listing for both conferences will be issued shortly. Submissions are to be sent to [email protected].

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR705322

Attachment A — Timeline for publishing exposure drafts — 2019

Date	Event
Groups 1 – 2	13 February 2019	Exposure drafts for Group 1 to be updated and republished
15 February 2019	Exposure drafts for Group 2 to be updated and republished
13 March 2019	Parties to comment on updated Group 1 exposure drafts
15 March 2019	Parties to comment on updated Group 2 exposure drafts
May 2019	Exposure drafts to be updated and republished with ‘plain language light touch’
June 2019	Parties to comment on updated ‘plain language light touch’ exposure drafts
August 2019	Exposure drafts to be republished incorporating adjusted rates and allowances as a result of the 2018-19 Annual Wage Review decision
September 2019	Parties to comment on updated rates in exposure drafts
October 2019	Exposure draft to be issued as new consolidated award
Groups 3 – 4	1 March 2019	Exposure drafts for Group 3 (sub-group 3A 5) to be updated and republished
8 March 2018	Exposure drafts for Group 3 (sub-groups 3B 6, 3C7 and 3D8) to be updated and republished
15 March 2019	Exposure drafts for Group 4 to be updated and republished
29 March 2019	Parties to comment on updated Group 3 (sub-group 3A) exposure drafts
5 April 2019	Parties to comment on updated Group 3 (sub-groups 3B, 3C and 3D) exposure drafts
12 April 2019	Parties to comment on updated Group 4 exposure drafts
May 2019	Exposure draft to be updated and republished with ‘plain language light touch’
June 2019	Parties to comment on updated ‘plain language light touch’ exposure drafts
August 2019	Exposure drafts to be republished incorporating adjusted rates and allowances as a result of the 2018-19 Annual Wage Review decision
September 2019	Parties to comment on updated rates in exposure drafts
October 2019	Exposure draft to be issued as new consolidated award

 1 Section 156 of the Act was repealed by the Fair Work Amendment (Repeal of 4 Yearly Review and Other Measures) Act 2018 (Cth). Clause 26 of Schedule 4 of the Amendment Act sets out the requirement to review a modern award continues to apply where the review commenced, and was not completed, before 1 January 2018.

 2   [2019] FWC 932

 3   [2018] FWC 7869

 4   [2019] FWC 717

 5   Awards in sub-group 3A are: Banking, Finance and Insurance Award 2010, Business Equipment Award 2010, Clerks Private Sector Award 2010, Commercial Sales Award 2010, Contract Call Centres Award 2010, Fitness Industry Award 2010, Labour Market Assistance Industry Award 2010, Legal Services Award 2010, Market and Social Research Award 2010, Miscellaneous Award 2010, Real Estate Industry Award 2010, Sporting Organisations Award 2010, Telecommunications Services Award 2010.

 6  Awards in sub-group 3B are: Educational Services (Post-Secondary Education) Award 2010, Educational Services (Schools) General Staff Award 2010, Higher Education – Academic Staff Award 2010, Higher Education – General Staff Award 2010, Local Government Industry Award 2010, State Government Agencies Award 2010.

 7   Awards in sub-group 3C are: Coal Export Terminals Award 2010, Dredging Industry Award 2010, Electrical Power Industry Award 2010, Marine Towage Award 2010, Port Authorities Award 2010, Ports, Harbours and Enclosed Water Vessels Award 2010, Seagoing Industry Award 2010.

 8   Awards in sub-group 3D are: Gardening and Landscaping Award 2010, Horticulture Award 2010, Nursery Award 2010, Pastoral Award 2010, Silviculture Award 2010, Sugar Industry Award 2010, Wine Industry Award 2010.