4 yearly review of modern awards – Alleged NES Inconsistences

The Fair Work Commission (FWC) was asked to review modern awards under the Fair Work Act 2009. The parties involved in the review were the Australian Building and Construction Commission and the Building and Construction General On-site Award 2010, the Australian Chamber of Commerce and Industry and the Pastoral Award 2010, and the Australian Council of Trade Unions and the Plumbing and Fire Sprinklers Award 2010. The dispute centred around inconsistencies in the National Employment Standards (NES) provisions of these awards.

The primary legal issue the FWC had to decide was whether there were any inconsistencies in the NES provisions of the three modern awards that required resolution. The FWC had to consider whether the awards complied with the NES provisions outlined in the Fair Work Act. The FWC also had to determine whether any inconsistencies identified could be resolved through the amendment of the awards or whether more significant changes were required.

The FWC found that there were inconsistencies in the NES provisions of the three awards, but these inconsistencies did not require resolution. The FWC determined that the inconsistencies were minor and did not impact the operation of the NES provisions. The FWC also found that the awards complied with the NES provisions outlined in the Fair Work Act. The FWC decided that no amendments to the awards were necessary to resolve the inconsistencies.

The FWC dismissed the applications for review of the modern awards. The FWC found that the NES provisions in the three awards were consistent with the Fair Work Act and did not require any changes. The FWC determined that the awards provided adequate protection for employees and did not create any inconsistencies that needed to be resolved. The FWC's decision was based on a thorough analysis of the NES provisions in the awards and a consideration of the relevant legal framework.