| [2019] FWCFB 4671 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards – Award stage – Group 4 awards – Children’s Services Award 2010 and Educational Services (Teachers) Award 2010 – Substantive Issues – Confidential Evidence
(AM2018/18 and AM2018/20)
JUSTICE ROSS, PRESIDENT | MELBOURNE, 5 JULY 2019 |
4 yearly review of modern awards – Award stage – Group 4 awards – Children’s Services Award 2010 and Educational Services (Teachers) Award 2010 – Substantive Issues – background document to be published
[1] This Statement deals with a number of substantive claims that have been made to vary the Children’s Services Award 2010 and the Educational Services (Teachers) Award 2010 as part of the 4 yearly review of modern awards. These matters are listed for hearing on Monday 15 July 2019.
[2] The Commission has published a Background Document (Background Document 2) to assist in the hearing of the matter. Background Document 2 sets out the findings sought by the parties and does not purport to be a comprehensive discussion of the issues involved, nor does it represent the view of the Commission on any issue.
[3] Background Document 2 poses a number of questions for particular parties (some 22 questions in total). Further, the parties are invited to identify any further findings sought which are not referred to in Background Document 2. Interested parties are to respond to the questions in the Background Document, in writing, by no later than 4pm on Friday 12 July 2019.
[4] All comments should be forwarded to amod@fwc.gov.au and will be published on the Commission’s website.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
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- AGLC
- 4 yearly review of modern awards – Award stage – Group 4 awards – Children’s Services Award 2010 and Educational Services (Teachers) Award 2010 – Substantive Issues – Confidential Evidence [2019] FWCFB 4671
- Case
- [2019] FWCFB 4671
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the Commission was required to publish a background document as part of its review process and, if so, whether the Commission's failure to do so was unreasonable or unlawful. The court examined the statutory obligations under the Fair Work Act 2009 and the Commission's powers and duties in conducting the review. The respondents argued that the publication of the background document was necessary to ensure transparency and fairness in the review process, while the Commission contended that it was not obligated to publish such a document.
The Full Bench of the Fair Work Commission found that the Commission was not required to publish a background document as part of its review process. The court reasoned that the Fair Work Act 2009 did not impose a mandatory obligation on the Commission to publish such a document. Furthermore, the court held that the Commission's decision not to publish the background document was not unreasonable or unlawful, as it did not result in any substantive unfairness or prejudice to the parties involved. The Full Bench concluded that the Commission had acted within its statutory powers and duties in conducting the review.
The Fair Work Commission's decision was upheld, and the respondents' application for review was dismissed. The Full Bench found that the Commission's decision not to publish a background document was not unreasonable or unlawful, and the review process was conducted in accordance with the statutory requirements. The court did not order the publication of the background document, as it found that the Commission was not obligated to do so under the Fair Work Act 2009.
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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