4 yearly review of modern awards—Award stage

Case •

[2016] FWC 1838

•

23 MARCH 2016

No judgment structure available for this case.
[2016] FWC 1838
FAIR WORK COMMISSION

STATEMENT


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

4 yearly review of modern awards—Award stage
(AM2014/72, AM2014/217 and others)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 23 MARCH 2016

4 yearly review of modern awards – award stage – Group 3 and 4 awards – Gas Industry Award 2010

Group 3 and 4 awards

[1] Further to the Statement issued on 24 February 2016 1, this Statement confirms the programming for the review of the 73 awards in Groups 3 and 42 and how the Commission will deal with other outstanding Award stage matters.

[2] In the 24 February 2016 Statement the Commission invited comments on a proposed timetable for dealing with Group 3 and 4 technical and drafting matters. A number of comments were received and considered by the Full Bench.

Group 3

[3] In response to the comments received, the timetable for filing submissions for Group 3 exposure drafts will be altered as follows:

Group 3 Awards

18 December 2015

Group 3A and B exposure drafts published

2016

15 January

Group 3C and D exposure drafts published

31 March 14 April

Submissions on drafting and technical issues in Group 3 exposure drafts

28 April 5 May

Submissions in reply on drafting and technical issues in Group 3 exposure drafts

20 May

Summaries of submissions to be published on website

6-7 June

Hearings re drafting and technical issues in Group 3 awards

Group 4

[4] There were no submissions to alter the dates for Group 4 matters and accordingly the timetable remains as follows:

Group 4 Awards

2016

April

Group 4A, B and C exposure drafts to be published.

May

Group 4D, E and F exposure drafts to be published.

23 June

Submissions on drafting and technical issues in 4A, B and C exposure drafts

14 July

Submissions in reply on drafting and technical issues in 4A, B and C exposure drafts

21 July

Submissions on drafting and technical issues in 4D, E and F exposure drafts

August

Hearings re drafting and technical issues in Group 4A, B and C awards

18 August

Submissions in reply on drafting and technical issues in 4D, E and F exposure drafts

October

Hearings re drafting and technical issues in Group 4D, E and F awards

[5] Amended Directions are at Attachment B.

[6] Dates for Full Bench hearings will be issued in due course; in doing so the Commission have regard to the Casual employment and Part-time employment matters (AM2014/196 & 197) that are listed for 17–18 August 2016.

Calendar of hearings

[7] In order to avoid conflicting listings, the Commission will publish a Calendar of Award Review Full Bench hearings on the website to assist in scheduling award review related matters. Commission members will have regard to the calendar before listing matters for hearing or conference. The Calendar will be accessible through a link on the Timetable page and will list the Full Bench allocated to each matter. Queries in relation to scheduling should be directed to the chambers of the presiding member.

[8] Below is a list of the Full Benches that have been constituted to deal with some of the substantive issues in the Group 3 awards which were identified in the 24 February 2016 Statement –

AM2016/3

Proposed award to cover Helicopter Crew

Hatcher VP, Hamilton DP, Simpson C

AM2016/5

Substantive issues in Ports, Harbours and Enclosed Water Vessels Award 2010 and the Seagoing Award 2010

Watson VP, Drake SDP, Cambridge C

AM2016/6

Substantive issues in Real Estate Industry Award 2010

Hatcher VP, Asbury DP, Gregory C

AM2016/7

Substantive issues in Wine Industry Award 2010

O’Callaghan SDP, Sams DP, Hampton C

AM2016/8

Timing of payment of wages and related issues

Ross J, Booth DP, Clancy DP, Cribb C, Hunt C

[9] At paragraph [14] of the 24 February 2016 Statement it was noted that Birch, Carroll & Coyle Ltd and others had made submissions in relation to a number of issues affecting cinemas covered by the Broadcasting and Recorded Entertainment Award 2010. The Statement also said that following a scheduled meeting between the parties the employer representative was to file a report on the status of the substantive issues. A report was filed on 22 March 2016 stating, among other things, that the discussions between the parties will be completed within a month. Once it is made clear which issues remain in dispute, a Full Bench will be constituted to deal with those issues.

Summary of submissions

[10] A further updated summary of submissions will be published on the Commission website tomorrow incorporating feedback from parties and changes arising from the conferences held before Senior Deputy President Watson in relation to the construction awards in Group 4C. Changes have been marked in red for easier identification.

Gas Industry Award 2010—Availability duty

[11] In the decision 3 arising from the review of the Group 1C–E awards the Full Bench made the following statement in relation to a claim to insert an Availability duty provision in the Gas Industry Award 2010:

    ‘[30] The AWU has previously indicated that it wishes to press its claim for the insertion of a substantive provision dealing with ‘availability duty’ and it intends to lead evidence in support of its claim. Ai Group opposed the AWU’s claim and submits that it is a substantive change to the existing award. The AWU is to confirm whether it wants to pursue the claim by filing a formal application within 21 days of the date of this decision including a draft variation determination and setting out the grounds in support of the claim. If such an application is received this issue will be referred to a separately constituted Full Bench for hearing and determination.’

[12] The Australian Workers’ Union has now filed submissions and witness statements in relation to this issue. Accordingly the matter will be referred to a separately constituted Full Bench in AM2016/10. That Full Bench will issue Directions in due course.

PRESIDENT

ATTACHMENT A—Group 3 awards divided by sub-group

    Award code

    Award title

    Matter No.

    Sub-group 3A

    MA000019

    Banking, Finance and Insurance Award 2010

    AM2014/217

    MA000021

    Business Equipment Award 2010

    AM2014/218

    MA000002

    Clerks Private Sector Award 2010

    AM2014/219

    MA000083

    Commercial Sales Award 2010

    AM2014/221

    MA000023

    Contract Call Centres Award 2010

    AM2014/222

    MA000094

    Fitness Industry Award 2010

    AM2014/227

    MA000099

    Labour Market Assistance Industry Award 2010

    AM2014/232

    MA000116

    Legal Services Award 2010

    AM2014/233

    MA000030

    Market and Social Research Award 2010

    AM2014/236

    MA000104

    Miscellaneous Award 2010

    AM2014/237

    MA000106

    Real Estate Industry 2010

    AM2014/242

    MA000082

    Sporting Organisations Award 2010

    AM2014/245

    MA000041

    Telecommunications Services Award 2010

    AM2014/248

    Sub-group 3B

    MA000075

    Educational Services (Post-Secondary Education) Award 2010

    AM2014/224

    MA000076

    Educational Services (Schools) General Staff Award 2010

    AM2014/225

    MA000006

    Higher Education – Academic Staff Award 2010

    AM2014/229

    MA000007

    Higher Education – General Staff Award 2010

    AM2014/230

    MA000112

    Local Government Industry Award 2010

    AM2014/234

    MA000121

    State Government Agencies Administration Award 2010

    AM2014/246

    Sub-group 3C

    MA000045

    Coal Export Terminals Award 2010

    AM2014/220

    MA000085

    Dredging Industry Award 2010

    AM2014/223

    MA000088

    Electrical Power Industry Award 2010

    AM2014/226

    MA000050

    Marine Towage Award 2010

    AM2014/235

    MA000051

    Port Authorities Award 2010

    AM2014/240

    MA000052

    Ports, Harbours and Enclosed Water Vessels Award 2010

    AM2014/241

    MA000122

    Seagoing Industry Award 2010

    AM2014/243

    Sub-group 3D

    MA000101

    Gardening and Landscaping Services Award 2010

    AM2014/228

    MA000028

    Horticulture Award 2010

    AM2014/231

    MA000033

    Nursery Award 2010

    AM2014/238

    MA000035

    Pastoral Award 2010

    AM2014/239

    MA000040

    Silviculture Award 2010

    AM2014/244

    MA000087

    Sugar Industry Award 2010

    AM2014/247

    MA000090

    Wine Industry Award 2010

    AM2014/249

Group 4 awards divided by sub-group1

    Award code

    Award title

    Matter No.

    Sub-group 4A

    MA000115

    Aboriginal Community Controlled Health Services Award 2010

    AM2014/250

    MA000018

    Aged Care Award 2010

    AM2014/251

    MA000120

    Children’s Services Award 2010

    AM2014/263

    MA000077

    Educational Services (Teachers) Award 2010

    AM2014/266

    MA000025

    Electrical, Electronic and Communications Contracting Award 2010

    AM2014/265

    MA000100

    Social, Community, Home Care and Disability Services Industry Award 2010

    AM2014/285

    MA000103

    Supported Employment Services Award 2010

    AM2014/286

    Sub-group 4B

    MA000046

    Air Pilots Award 2010

    AM2014/252

    MA000047

    Aircraft Cabin Crew Award 2010

    AM2014/253

    MA000048

    Airline Operations—Ground Staff Award 2010

    AM2014/254

    MA000049

    Airport Employees Award 2010

    AM2014/255

    Sub-group 4C2

    MA000079

    Architects Award 2010

    AM2014/257

    MA000020

    Building and Construction General On-site Award 2010

    AM2014/260

    MA000064

    Hydrocarbons Field Geologists Award 2010

    AM2014/273

    MA000029

    Joinery and Building Trades Award 2010

    AM2014/274

    MA000032

    Mobile Crane Hiring Award 2010

    AM2014/278

    MA000036

    Plumbing and Fire Sprinklers Award 2010

    AM2014/280

    MA000066

    Surveying Award 2010

    AM2014/287

    Sub-group 4D

    MA000080

    Amusement, Events and Recreation Award 2010

    AM2014/256

    MA000078

    Book Industry Award 2010

    AM2014/258

    MA000091

    Broadcasting and Recorded Entertainment Award 2010

    AM2014/259

    MA000067

    Journalists Published Media Award 2010

    AM2014/275

    MA000081

    Live Performance Award 2010

    AM2014/276

    MA000013

    Racing Clubs Events Award 2010

    AM2014/282

    MA000102

    Travelling Shows Award 2010

    AM2014/288

    Sub-group 4E

    MA000095

    Car Parking Award 2010

    AM2014/261

    MA000070

    Cemetery Industry Award 2010

    AM2014/262

    MA000073

    Food, Beverage and Tobacco Manufacturing Award 2010

    AM2014/268

    MA000105

    Funeral Industry Award 2010

    AM2014/269

    MA000097

    Pest Control Industry Award 2010

    AM2014/279

    MA000065

    Professional Employees Award 2010

    AM2014/281

    MA000113

    Water Industry Award 2010

    AM2014/289

    Sub-group 4F

    MA000096

    Dry Cleaning and Laundry Industry Award 2010

    AM2014/264

    MA000003

    Fast Food Industry Award 2010

    AM2014/267

    MA000004

    General Retail Industry Award 2010

    AM2014/270

    MA000005

    Hair and Beauty Industry Award 2010

    AM2014/271

    MA000009

    Hospitality Industry (General) Award 2010

    AM2014/272

    MA000117

    Mannequins and Models Award 2010

    AM2014/277

    MA000058

    Registered and Licensed Clubs Award 2010

    AM2014/283

    MA000119

    Restaurant Industry Award 2010

    AM2014/284


ATTACHMENT B—AMENDED DIRECTIONS

  FAIR WORK COMMISSION

AMENDED DIRECTIONS



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

4 yearly review of modern awards—Group 3 and 4 awards
(AM2014/217 and others)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 22 MARCH 2016

It is directed that:

Group 3

1. On or before 4.00 pm on Thursday 14 April 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in Group 3.

2. On or before 4.00 pm on Thursday 5 May 2016 each interested party is to file in the Commission comprehensive written submissions in reply to the technical and drafting issues related to exposure drafts in Group 3.

3. The Group 3 technical and drafting matters will be listed for hearing before a Full Bench on 6–7 June 2016.

Group 4

Sub-groups 4A–4C

4. On or before 4.00 pm on Thursday 23 June 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in sub-groups 4A, 4B and 4C.

5. On or before 4.00 pm on Thursday 14 July 2016 each interested party is to file in the Commission comprehensive written submissions in reply to the technical and drafting issues related to exposure drafts in sub-groups 4A, 4B and 4C.

6. The sub-group 4A, 4B and 4C technical and drafting matters will be listed for hearing before a Full Bench in August 2016.

Sub-groups 4D–4F

7. On or before 4.00 pm on Thursday 21 July 2016 each interested party is to file in the Commission comprehensive written submissions on the technical and drafting issues related to exposure drafts in sub-groups 4D, 4E and 4F.

8. On or before 4.00 pm on Thursday 18 August 2016 each interested party is to file in the Commission comprehensive written submissions in reply to the technical and drafting issues related to exposure drafts in sub-groups 4D, 4E and 4F.

9. The sub-group 4D, 4E and 4F technical and drafting matters will be listed for hearing before a Full Bench in October 2016.

10. Leave is granted to apply generally.

11. All material should be sent to [email protected].

PRESIDENT

 1   [2016] FWC 1191

 2   See Attachment A for list of awards in Group 3 and 4

 3   [2015] FWC 8236

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4 yearly review of modern awards—Group 3 and 4 awards [2016] FWC 1191